Case information
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34727
Darwin Frederick Makarchuk v. Joan Bernice Makarchuk
(Ontario) (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) |
|---|---|---|
| 2012-06-26 | Close file on Leave | |
| 2012-06-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-06-15 | Judgment on leave sent to the parties | |
| 2012-06-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C54263, 2012 ONCA 42, dated January 20, 2012, is dismissed without costs. Dismissed, without costs |
|
| 2012-05-14 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2012-04-24 | Applicant's reply to respondent's argument, Completed on: 2012-04-26 | Darwin Frederick Makarchuk |
| 2012-03-21 | Letter acknowledging receipt of a complete application for leave to appeal, (assigning a file number) | |
| 2012-03-14 | Correspondence (sent by the Court) to, Darwin Makarchuk dated March 14 re: acknowledgment letter | |
| 2012-03-08 | Application for leave to appeal, Completed on: 2012-03-08 | Darwin Frederick Makarchuk |
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 |
|---|---|---|
| Makarchuk, Darwin Frederick | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Makarchuk, Joan Bernice | Respondent | Active |
Counsel
Party: Makarchuk, Darwin Frederick
This party is not represented by counsel.
Party: Makarchuk, Joan Bernice
Counsel
15 Manitoba Rd.
Elliot Lake, Ontario
P5A 2A6
Telephone: (705) 848-3601
FAX: (705) 848-8416
Email: kearnsl@bellnet.ca
Summary
Keywords
None.
Summary
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Wills and estates – Wills – Interpretation - Husband and wife separating five months after executing wills leaving their respective estates to each other – Husband still married to Respondent wife on date of death – Son applying for directions regarding effect of estate release clause in parties’ separation agreement on gift to wife in husband’s will – Whether Court of Appeal erred in law by failing to ensure principles of contract interpretation were properly followed in interpretation of separation agreement - Whether Court of Appeal allowed irrelevant factor to influence its decision
Mr. and Mrs. Makarchuk married in May 1961 and had two children who are now adults. In July, 2003, they signed similar wills. Mr. Makarchuk’s will named his wife as executrix and sole beneficiary. In November 2003, Mr. and Mrs. Makarchuk separated and signed a separation agreement the following month that contained an estate release clause. The couple did not divorce and Mr. Makarchuk died in 2008, without having made a new will. The Applicant, their son, sought direction from the court regarding the impact of the separation agreement on the terms of the will. The question was whether Mrs. Makarchuk had released her right to be the executrix and her right to take as a beneficiary by virtue of the release in the separation agreement.
Lower court rulings
Ontario Superior Court of Justice
25133/10
Release clause held to be limited to release of statutory rights and not broad enough to release rights under will.
Court of Appeal for Ontario
C54263, 2012 ONCA 42
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum 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 613-996-8666 or at 1-844-365-9662.
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Downloadable PDFs
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Related links
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 613-996-8666 or at 1-844-365-9662.
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.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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