Can a summary judgment be granted in a contested estate matter?

Ontario, Canada


The following excerpt is from Papageorgiou v. Walstaff Estate, 2008 CanLII 32305 (ON SC):

In Black Estate v. Black, above, Justice Morissette reviewed the foregoing authorities and concluded that there is jurisdiction to grant summary judgment in estates matters, but she suggested, at para. 17, that a summary judgment in a contested estates case … will only succeed in the most rarest of cases, where it is plain and obvious that the outcome of the construction of a will can only lead to one finding. The state of the mind of a testator is an important finding of fact that can only be determined after reviewing evidence of his behaviour and condition of the testator in light of all of the surrounding circumstances.

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