Vic’s Law Blog

CANADA LAW NEWS

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Is Varying a Will (aka Wills & Estate Litigation) Constitutional? The Court of Appeal Unanimously states, Yes.

Appeal allowed and the Notice of Contention dismissed.

The application judge erred in finding that testator’s liberty interests were engaged by the provisions of the TFMA. The Lawens, as public interest litigants, did not put any evidence before the application judge which would have allowed him to determine that the liberty interests were engaged and, alternatively, even if they were engaged, whether they were in accordance with the fundamental principles of justice.

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