Trezzi v. Trezzi,

JurisdictionOntario
JudgeSharpe, Hourigan and Jamal JJ.A.
Citation2019 ONCA 978
Date13 December 2019
CourtCourt of Appeal (Ontario)
Docket NumberC65835; C65855; C65979
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25 practice notes
  • Court Of Appeal Summaries (March 15 ' 19, 2021)
    • Canada
    • Mondaq Canada
    • March 22, 2021
    ...Early Vesting, Civil Procedure, Appeals, Standard of Review, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Trezzi v. Trezzi, 2019 ONCA 978, Dice v. Dice, 2012 ONCA 468, R. v. Sheppard, 2002 SCC 26 North Elgin Centre Inc. v. McDonald's Restaurants of Canada Limited , 2021 ONCA 173......
  • Court Of Appeal Summaries (December 9 – December 13, 2019)
    • Canada
    • Mondaq Canada
    • December 17, 2019
    ...v. Canadian Group Underwriters Insurance Co., 2002 BCCA 254, Allstate Insurance Co. of Canada v. Aftab, 2015 ONCA 349 Trezzi v. Trezzi , 2019 ONCA 978 Keywords: Wills and Estates, Wills, Interpretation, Bequests, Surviving Spousal Election, Extension of Time, Corporations, Winding Up, Famil......
  • Court Of Appeal Summaries (September 12 ' 16, 2022)
    • Canada
    • Mondaq Canada
    • September 19, 2022
    ...2022 ONCA 643 Keywords: Wills and Estates, Wills, Interpretation, Succession Law Reform Act, R.S.O. 1990, c. S.26, Trezzi v. Trezzi, 2019 ONCA 978 Conforti Holdings Limited (Re), 2022 ONCA 651 Keywords: Bankruptcy and Insolvency, Claims Provable in Bankruptcy, Valuation of Claims, Proposal ......
  • Court Of Appeal Summaries (January 17-21, 2022)
    • Canada
    • Mondaq Canada
    • January 25, 2022
    ...Estates, Trusts, Discretionary Trusts, Interpretation, Testator's Intentions, Fiduciary Duties, Capital Encroachment, Trezzi v. Trezzi, 2019 ONCA 978, Ross v. Canada Trust Company, 2021 ONCA 161, Re Gulbenkian's Settlement, (1968), [1970] A.C. 508, McPhail v. Doulton (1970), [1971] A.C. 424......
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15 cases
  • Zarrin-Mehr v Shokrai,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 27, 2024
    ...of a will is admissible: Robinson Estate, at para. 27; 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 ......
  • Kirst Estate (Re), 2020 ABCA 233
    • Canada
    • Alberta Court of Appeal (Alberta)
    • June 11, 2020
    ...v The Salvation Army et al, 2015 MBCA 33 at paras 4 – 10; Hicklin Estate v Hicklin, 2019 ABCA 136 at paras 90 – 104; Trezzi v Trezzi, 2019 ONCA 978 at para 15. Appellate intervention is thus warranted only if the interpretation demonstrates palpable and overriding error, absent an extricabl......
  • Walters v. Walters, 2022 ONCA 38
    • Canada
    • Court of Appeal (Ontario)
    • January 20, 2022
    ...and the surrounding circumstances. The court puts itself in the position of the testator at the time the will was made: Trezzi v. Trezzi, 2019 ONCA 978, 150 O.R. (3d) 663, at para. 13, and Ross v. Canada Trust Company, 2021 ONCA 161, 458 D.L.R. (4th) 3, at paras. 35-41. This is known as the......
  • Hrvoic v. Hrvoic, 2021 ONSC 7537
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 15, 2021
    ...In discussing section 139(3) of the OBCA, the court, in Trezzi v. Trezzi, 2018 ONSC 5180, at para. 37, aff’d 2019 ONCA 978, 150 O.R.(3d) 663, noted that “[t]he weight to be attached to such evidence [to the contrary] is left to the trier of fact” (at para. [31] &#x......
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8 firm's commentaries
  • Court Of Appeal Summaries (March 15 ' 19, 2021)
    • Canada
    • Mondaq Canada
    • March 22, 2021
    ...Early Vesting, Civil Procedure, Appeals, Standard of Review, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Trezzi v. Trezzi, 2019 ONCA 978, Dice v. Dice, 2012 ONCA 468, R. v. Sheppard, 2002 SCC 26 North Elgin Centre Inc. v. McDonald's Restaurants of Canada Limited , 2021 ONCA 173......
  • Court Of Appeal Summaries (December 9 – December 13, 2019)
    • Canada
    • Mondaq Canada
    • December 17, 2019
    ...v. Canadian Group Underwriters Insurance Co., 2002 BCCA 254, Allstate Insurance Co. of Canada v. Aftab, 2015 ONCA 349 Trezzi v. Trezzi , 2019 ONCA 978 Keywords: Wills and Estates, Wills, Interpretation, Bequests, Surviving Spousal Election, Extension of Time, Corporations, Winding Up, Famil......
  • Court Of Appeal Summaries (September 12 ' 16, 2022)
    • Canada
    • Mondaq Canada
    • September 19, 2022
    ...2022 ONCA 643 Keywords: Wills and Estates, Wills, Interpretation, Succession Law Reform Act, R.S.O. 1990, c. S.26, Trezzi v. Trezzi, 2019 ONCA 978 Conforti Holdings Limited (Re), 2022 ONCA 651 Keywords: Bankruptcy and Insolvency, Claims Provable in Bankruptcy, Valuation of Claims, Proposal ......
  • Court Of Appeal Summaries (January 17-21, 2022)
    • Canada
    • Mondaq Canada
    • January 25, 2022
    ...Estates, Trusts, Discretionary Trusts, Interpretation, Testator's Intentions, Fiduciary Duties, Capital Encroachment, Trezzi v. Trezzi, 2019 ONCA 978, Ross v. Canada Trust Company, 2021 ONCA 161, Re Gulbenkian's Settlement, (1968), [1970] A.C. 508, McPhail v. Doulton (1970), [1971] A.C. 424......
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