Case information
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36998
Myra York in her personal capacity, in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger, in her capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger, et al. v. Edie Neuberger in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger and in capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger, et al.
(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) |
|---|---|---|
| 2016-09-19 | Close file on Leave | |
| 2016-09-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-09-16 | Judgment on leave sent to the parties | |
| 2016-09-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgments of the Court of Appeal for Ontario, Numbers C59813 and C59918, 2016 ONCA 191, dated March 8, 2016, and 2016 ONCA 303, dated April 25, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-07-18 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-06-20 | Correspondence received from, (Letter Form), counsel for the applicants to clarify the adress of a counsel., (Electronic version filed on 2016-06-20) | Myra York in her personal capacity, in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger, in her capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger |
| 2016-06-20 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-06-20, (Electronic version filed on 2016-06-20) | Myra York in her personal capacity, in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger, in her capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger |
| 2016-06-09 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-09) | Edie Neuberger in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger and in capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger |
| 2016-06-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-06-09, (Electronic version filed on 2016-06-09) | Edie Neuberger in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger and in capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger |
| 2016-06-09 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-09) | Adam Jesin-Neuberger |
| 2016-06-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-06-09, (Electronic version filed on 2016-06-09) | Adam Jesin-Neuberger |
| 2016-05-10 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, file opened 2016-05-10. | |
| 2016-05-09 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-09) | Myra York in her personal capacity, in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger, in her capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger |
| 2016-05-09 | Application for leave to appeal, (Book Form), Joint application. Court of Appeal Order received 2016-06-23., Completed on: 2016-06-27, (Electronic version filed on 2016-05-09) | Myra York in her personal capacity, in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger, in her capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger |
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 |
|---|---|---|
| Myra York in her personal capacity, in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger, in her capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger | Applicant | Active |
| in her capacity as the Attorney for Property or Attorney for Property de son tort for Chaim Neuberger | Applicant | Active |
| Sonny York, Spencer York and Laura York | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Edie Neuberger in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger and in capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger | Respondent | Active |
| Jesin-Neuberger, Adam | Respondent | Active |
Counsel
Party: Myra York in her personal capacity, in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger, in her capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger
Counsel
Aaron Blumenfeld
Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6244
FAX: (416) 367-6749
Email: ekrajewska@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: in her capacity as the Attorney for Property or Attorney for Property de son tort for Chaim Neuberger
Counsel
Aaron Blumenfeld
Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6244
FAX: (416) 367-6749
Email: ekrajewska@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Sonny York, Spencer York and Laura York
Counsel
Bianca V. LaNeve
4100 - 66 Wellington Street West
P.O. Box 35, TD Bank Tower
Toronto, Ontario
M5K 1B7
Telephone: (416) 365-1110
FAX: (416) 365-1876
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Edie Neuberger in her capacity as the named Estate Trustee of the Primary Will of Chaim Neuberger and in capacity as the named Estate Trustee of the Secondary Will of Chaim Neuberger
Counsel
Megan Shortreed
Jean-Claude Killey
155 Wellington Stree West
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4318
FAX: (416) 646-4301
Email: chris.paliare@paliareroland.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Jesin-Neuberger, Adam
Counsel
250 University Avenue
Suite 200
Toronto, Ontario
M5H 3E5
Telephone: (416) 583-3730
FAX: (416) 583-3732
Email: ben@arkinestatelaw.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
None.
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.
Civil procedure – Estoppel – Estates – Whether the equitable doctrines of estoppel by conduct and estoppel by representation are available in estate proceedings?
The parties are the beneficiaries of an estate. Edie Neuberger brought a motion challenging the validity of wills executed by the deceased in 2010 and Adam Jesin-Neuberger filed a notice of appearance in those proceedings. The respondents brought a motion to strike the challenges to the wills on the basis of the equitable doctrines of estoppel by conduct and estoppel by representation.
Lower court rulings
Ontario Superior Court of Justice
2014 ONSC 6706, CV-14-10171-00-ES
Motion challenging wills struck
Court of Appeal for Ontario
C59813, C59918, 2016 ONCA 191
Appeal allowed
Court of Appeal for Ontario
C59813, C59918, 2016 ONCA 303
Costs awarded
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 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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 613‑996‑7933 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.
Downloadable PDFs
Not available
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available