Tate v. Gueguegirre et al., [2015] O.A.C. Uned. 167 (DC)

JurisdictionOntario
JudgeSachs, Corbett and Gilmore, JJ.
CourtSuperior Court of Justice of Ontario (Canada)
Subject MatterFRAUD AND MISREPRESENTATION,WILLS,PRACTICE
Citation[2015] O.A.C. Uned. 167 (DC),[2015] O.A.C. Uned. 167,2015 ONSC 844
Date04 February 2015
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3 practice notes
  • Kozak Estate (Re), 2018 ABQB 185
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 13 Marzo 2018
    ...may be present even in circumstances where a testator had capacity and knew and appreciated what she was doing.” See Tate v Gueguegirre, 2015 ONSC 844, Corbett J at para [10] As for the nature of testimonial capacity, a good summary of the test was provided by Justice Gill in Christensen v ......
  • Seventh-Day Adventist Church v. Daqa et al,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 22 Enero 2021
    ...for undue influence” as set out in Gironda v. Gironda 2013 ONSC 4133, 89 E.T.R. (3d) 224 at para. 77 and Tate v. Giegueairre, 2015 ONSC 844 at para. 9 are present here – the deceased was socially isolated and fully dependent on Ms. Daqa, the deceased made a new will that was n......
  • Slover v. Rellinger, 2019 ONSC 6497
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • 12 Noviembre 2019
    ...with changes to other legal documents such as powers of attorney. [386]       In Tate v. Gueguegirre, 2015 ONSC 844 (Div. Ct.), at para. 9, Corbett J. applied the same factors as identified by Penny J. in assessing the existence of undue influence, and added ot......
3 cases
  • Kozak Estate (Re), 2018 ABQB 185
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 13 Marzo 2018
    ...may be present even in circumstances where a testator had capacity and knew and appreciated what she was doing.” See Tate v Gueguegirre, 2015 ONSC 844, Corbett J at para [10] As for the nature of testimonial capacity, a good summary of the test was provided by Justice Gill in Christensen v ......
  • Seventh-Day Adventist Church v. Daqa et al,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 22 Enero 2021
    ...for undue influence” as set out in Gironda v. Gironda 2013 ONSC 4133, 89 E.T.R. (3d) 224 at para. 77 and Tate v. Giegueairre, 2015 ONSC 844 at para. 9 are present here – the deceased was socially isolated and fully dependent on Ms. Daqa, the deceased made a new will that was n......
  • Slover v. Rellinger, 2019 ONSC 6497
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • 12 Noviembre 2019
    ...with changes to other legal documents such as powers of attorney. [386]       In Tate v. Gueguegirre, 2015 ONSC 844 (Div. Ct.), at para. 9, Corbett J. applied the same factors as identified by Penny J. in assessing the existence of undue influence, and added ot......

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