Ross v. Canada Trust Company

JurisdictionOntario
CourtCourt of Appeal (Ontario)
Judgevan Rensburg, Hourigan and Brown JJ.A.
Neutral Citation2021 ONCA 161
Citation2021 ONCA 161
Date16 March 2021
Docket NumberC67677

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30 practice notes
  • Court Of Appeal Summaries (February 14-18, 2022)
    • Canada
    • Mondaq Canada
    • February 22, 2022
    ...206, Byers (Litigation Guardian of) v. Pentex Print Master Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), Ross v. Canada Trust Company, 2021 ONCA 161, Gefen v. Gaertner, 2021 ONCA 631, Gratton-Masuy Environmental Technologies Inc. v. Ontario, 2010 ONCA 501 Graham v. Toronto (City), 2022 O......
  • Court Of Appeal Summaries (March 15 ' 19, 2021)
    • Canada
    • Mondaq Canada
    • March 22, 2021
    ...of Toronto, 2020 ONSC 6660, Simpson v. The Chartered Professional Accountants of Ontario, 2016 ONCA 806 Ross v. Canada Trust Company , 2021 ONCA 161 Keywords: Wills and Estates, Interpretation, Armchair Rule, Presumption of Early Vesting, Civil Procedure, Appeals, Standard of Review, Sattva......
  • Court Of Appeal Summaries (February 14-18, 2022)
    • Canada
    • Mondaq Canada
    • February 22, 2022
    ...206, Byers (Litigation Guardian of) v. Pentex Print Master Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), Ross v. Canada Trust Company, 2021 ONCA 161, Gefen v. Gaertner, 2021 ONCA 631, Gratton-Masuy Environmental Technologies Inc. v. Ontario, 2010 ONCA 501 Graham v. Toronto (City), 2022 O......
  • Court Of Appeal Summaries (September 13 ' 17, 2021)
    • Canada
    • Mondaq Canada
    • September 21, 2021
    ...206, Byers (Litigation Guardian of) v. Pentex Print Master Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), Ross v. Canada Trust Company, 2021 ONCA 161 South Beach Street Development Ltd. v. US Income Partners LLP, 2021 ONCA 624 Keywords: Civil Procedure, Settlements CIVIL DECISIONS N. v. F......
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21 cases
  • Laur v Estate of Rosemary Eileen Ball et Al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 28, 2025
    ...(Re), [1960] O.R. 26 (C.A.) at paragraph 30, a decision recently referenced by the Ontario Court Appeal in Ross v. Canada Trust Company, 2021 ONCA 161, the Court provide the following insight: Each Judge must endeavour to place himself in the position of the testator at the time when the la......
  • Zarrin-Mehr v Shokrai
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 27, 2024
    ...Ihnatowych Estate v. Ihnatowych, 2024 ONCA 142, at para. 37; Trezzi v. Trezzi, 2019 ONCA 978, at para. 13; Ross v. Canada Trust Company, 2021 ONCA 161, at paras. 45 Last, Mehdi's suspicion regarding the Deceased's execution of the 1999 Will is accentuated by consideration of the Deceased's ......
  • Hipkins v McDonald
    • Canada
    • Court of Appeal (Saskatchewan)
    • March 28, 2025
    ...the same conclusion (see Hicklin Estate v Hicklin, 2019 ABCA 136 at paras 90–104, [2019] 6 WWR 238; and Ross v Canada Trust Company, 2021 ONCA 161 at paras 30–34, 458 DLR (4th) 46 Based on these post- Sattva decisions, Ms. Hipkins changed her position regarding the standard of review. At th......
  • Pierce v Oswald
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 19, 2025
    ...To do so, the judge places themself in the position of the testator at the time that the will was made: Ross v. Canada Trust Company, 2021 ONCA 161, 458 D.L.R. (4th) 39, at para. 36; Trezzi v. Trezzi, 2019 ONCA 978, 150 O.R. (3d) 663, at para. 13; Walters v. Walters, 2022 ONCA 38, 160 O.R. ......
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9 firm's commentaries
  • Court Of Appeal Summaries (February 14-18, 2022)
    • Canada
    • Mondaq Canada
    • February 22, 2022
    ...206, Byers (Litigation Guardian of) v. Pentex Print Master Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), Ross v. Canada Trust Company, 2021 ONCA 161, Gefen v. Gaertner, 2021 ONCA 631, Gratton-Masuy Environmental Technologies Inc. v. Ontario, 2010 ONCA 501 Graham v. Toronto (City), 2022 O......
  • Court Of Appeal Summaries (March 15 ' 19, 2021)
    • Canada
    • Mondaq Canada
    • March 22, 2021
    ...of Toronto, 2020 ONSC 6660, Simpson v. The Chartered Professional Accountants of Ontario, 2016 ONCA 806 Ross v. Canada Trust Company , 2021 ONCA 161 Keywords: Wills and Estates, Interpretation, Armchair Rule, Presumption of Early Vesting, Civil Procedure, Appeals, Standard of Review, Sattva......
  • Court Of Appeal Summaries (February 14-18, 2022)
    • Canada
    • Mondaq Canada
    • February 22, 2022
    ...206, Byers (Litigation Guardian of) v. Pentex Print Master Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), Ross v. Canada Trust Company, 2021 ONCA 161, Gefen v. Gaertner, 2021 ONCA 631, Gratton-Masuy Environmental Technologies Inc. v. Ontario, 2010 ONCA 501 Graham v. Toronto (City), 2022 O......
  • Court Of Appeal Summaries (September 13 ' 17, 2021)
    • Canada
    • Mondaq Canada
    • September 21, 2021
    ...206, Byers (Litigation Guardian of) v. Pentex Print Master Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), Ross v. Canada Trust Company, 2021 ONCA 161 South Beach Street Development Ltd. v. US Income Partners LLP, 2021 ONCA 624 Keywords: Civil Procedure, Settlements CIVIL DECISIONS N. v. F......
  • Get Started for Free