Case information
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32152
Karutha Jayaraman v. Gloria DeHart
(Newfoundland & Labrador) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-11-02 | Close file on Leave | |
| 2007-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-10-26 | Judgment on leave sent to the parties | |
| 2007-10-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 06/03, 2007 NLCA 32, dated May 11, 2007, is dismissed with costs. The motion on behalf of the Registrar of the Supreme Court of Newfoundland and Labrador to be added as a party is dismissed. Dismissed, with costs |
|
| 2007-10-25 |
Decision on motion to add or substitute parties Dismissed |
|
| 2007-10-25 | Submission of motion to add or substitute parties, Ba Abe Cha | |
| 2007-10-24 | Supplemental document, (supplemental submission to motion to add) | Registrar of the Supreme Court of Newfoundland and Labrador |
| 2007-10-24 | Response to motion to add or substitute parties, Completed on: 2007-10-24 | Gloria DeHart |
| 2007-10-24 | Motion to add or substitute parties, ext. of time included (Book form), Completed on: 2007-10-25 | Registrar of the Supreme Court of Newfoundland and Labrador |
| 2007-10-10 | Correspondence received, from David C. Day, Q.C. dated Oct. 5/07 re: will file a motion on behalf of the Registrar of the Supreme Court of NF & Labrador no later than Oct. 25/07 | |
| 2007-10-01 | All materials on application for leave submitted to the Judges, Ba Abe Cha | |
| 2007-09-20 | Applicant's reply to respondent's argument, Completed on: 2007-09-20 | Karutha Jayaraman |
| 2007-09-10 | Respondent's response on the application for leave to appeal, Service missing - Rec'd on Sept. 19, 2007, Completed on: 2007-09-19 | Gloria DeHart |
| 2007-08-10 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2007-08-10 | Application for leave to appeal, Missing C/A Order - Rec'd on August 21, 2007, Completed on: 2007-08-21 | Karutha Jayaraman |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Jayaraman, Karutha | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| DeHart, Gloria | Respondent | Active |
Counsel
Party: Jayaraman, Karutha
Counsel
279 Duckworth Street
St. John's, Newfoundland & Labrador
A1C 1G9
Telephone: (709) 722-0637
FAX: (709) 722-6780
Email: gobrien@obrienandassoc.ca
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: DeHart, Gloria
Counsel
15 Rowan Street, Suite 103
St. John's, Newfoundland & Labrador
A1B 2X2
Telephone: (709) 753-3313
FAX: (709) 753-3446
Email: dawsonlaw@nf.aibn.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Property law - Wills - Construction - Presumption against intestacy - Does the application of the presumption against intestacy act so as to negate findings of partial intestacy in the construction of wills? - When a testator does not expressly state that he or she wishes to not dispose of a portion of their estate but rather remains silent, does the silence create an ambiguity automatically triggering the application of the interpretive aid known as the presumption against intestacy? - Can a testator be found to be partially intestate absent a direct statement that he or she wished to be so? - Whether the Court of Appeal erred in affirming the trial decision.
Sundraj Naidu, the testator, died at St. John’s on November 18, 2003. He executed a holograph will on October 13, 2001. The Respondent, Gloria DeHart, is named a beneficiary in the will. Ms. DeHart met the testator in 1975. They had a very close relationship, which became romantic in 1998. The Applicant, Dr. Karutha Jayaraman, brother and next-of-kin of the testator, commenced an action seeking an interpretation of the clauses of the will of Sundraj Naidu and asking for direction on the distribution of the estate. At trial, it was held that the last will and testament of Sundraj Naidu was to be interpreted to mean that all of the assets of the testator, with the exception of lands in Malaysia, in which he held in joint interest with the Applicant, were bequeathed to the Respondent DeHart. The Applicant’s subsequent appeal was dismissed.
Lower court rulings
Supreme Court of Newfoundland & Labrador, Trial Division
200401T1559, 2005 NLTD 210
See file
Supreme Court of Newfoundland and Labrador - Court of Appeal
06/03, 2007 NLCA 32
See file
Memorandums of argument on application for leave to appeal
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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