Rivard v. Morris

JurisdictionOntario
JudgeRouleau, Trotter and Paciocco JJ.A.
Docket NumberC63487
Date26 February 2018
Citation2018 ONCA 181
CourtCourt of Appeal (Ontario)

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5 practice notes
  • Ontario Court Of Appeal Summaries (February 26 – March 2)
    • Canada
    • Mondaq Canada
    • March 6, 2018
    ...made by the Band Council, the argument that Sands' claim is defeated by s. 2(3) of the Act cannot be sustained. Rivard v. Morris, 2018 ONCA 181 [Rouleau, Trotter and Paciocco E Van Woudenberg, for the appellants M W Shulgan, for the respondent Keywords: Wills and Estates, Legacies, Payment ......
  • Campbell Estate v. Campbell,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 1, 2021
    ...As for the issue of interest, the case law is clear that it is payable. As per Rivard v. Morris, 2018 ONCA 181 (CanLII), the Ontario Court of Appeal confirmed that the common law “Rule of Convenience” is alive and well. Interest is payable on gifts of personal property such as......
  • Veiga v. Veiga,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 21, 2022
    ...As for interest on the legacy, the case law is clear that interest is payable. In Rivard v. Morris, 2018 ONCA 181, 141 O.R. (3d) 36, the Ontario Court of Appeal confirmed that the common law “rule of convenience” continues to apply, and it has not been subsumed by r.......
  • Mawhinney v Scobie,
    • Canada
    • Court of Appeal (Alberta)
    • February 27, 2019
    ...only valid wills are probated: Vout at paras 26-27; Neuberger Estate v York, 2016 ONCA 191 at para 168, 129 OR (3d) 721; Rivard v Morris, 2018 ONCA 181 at para 66, 141 OR (3d) [41] We find that while paragraph 21(b) of the August Will is not as narrow as the appellants suggest, confined to ......
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4 cases
  • Campbell Estate v. Campbell,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 1, 2021
    ...As for the issue of interest, the case law is clear that it is payable. As per Rivard v. Morris, 2018 ONCA 181 (CanLII), the Ontario Court of Appeal confirmed that the common law “Rule of Convenience” is alive and well. Interest is payable on gifts of personal property such as......
  • Veiga v. Veiga,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 21, 2022
    ...As for interest on the legacy, the case law is clear that interest is payable. In Rivard v. Morris, 2018 ONCA 181, 141 O.R. (3d) 36, the Ontario Court of Appeal confirmed that the common law “rule of convenience” continues to apply, and it has not been subsumed by r.......
  • Mawhinney v Scobie,
    • Canada
    • Court of Appeal (Alberta)
    • February 27, 2019
    ...only valid wills are probated: Vout at paras 26-27; Neuberger Estate v York, 2016 ONCA 191 at para 168, 129 OR (3d) 721; Rivard v Morris, 2018 ONCA 181 at para 66, 141 OR (3d) [41] We find that while paragraph 21(b) of the August Will is not as narrow as the appellants suggest, confined to ......
  • Steinke Estate (Re),
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • June 13, 2025
    ...applies, requiring the payment of interest on distributions not paid by the first anniversary of the testator's death: Rivard v Morris, 2018 ONCA 181, leave to appeal refused, 2019 CanLII3748 (SCC). Neither party provided Alberta caselaw endorsing the rule of convenience, but I see no reaso......
1 firm's commentaries
  • Ontario Court Of Appeal Summaries (February 26 – March 2)
    • Canada
    • Mondaq Canada
    • March 6, 2018
    ...made by the Band Council, the argument that Sands' claim is defeated by s. 2(3) of the Act cannot be sustained. Rivard v. Morris, 2018 ONCA 181 [Rouleau, Trotter and Paciocco E Van Woudenberg, for the appellants M W Shulgan, for the respondent Keywords: Wills and Estates, Legacies, Payment ......