Case information

Successions — Wills — Whether trial judge and appellate judges erred in law in concluding that art. 704 C.C.Q., which concerns purely personal and individual nature of will, was inapplicable — Whether trial judge and appellate judges erred in law in limiting application of art. 761 C.C.Q. to persons with roles listed in that article — Whether judges of Quebec Court of Appeal erred in stating that there was no breach of procedural fairness tainting process even though trial judge had introduced social worker’s notes in evidence himself, without input from any party and without it being possible to cross-examine social worker — Whether trial judge and judges of Quebec Court of Appeal erred in refusing to rule on parties’ credibility, surrendering their decision-making power to social worker’s notes not filed by any party — Whether issue is one of national interest for which this honourable Court should grant leave to appeal — Civil Code of Québec, CQLR, arts. 704 and 761.

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The applicant, Ms. Delli Quadri, is the great niece of the late Adorino Totaro, who in 2008 amended his will to leave his duplex to the respondents, Mr. Antonacci and Ms. Perrella. He also gave them some money during his lifetime. He died in 2010. The applicant brought legal proceedings to contest the validity of the amended will.

The Superior Court allowed the motion in part. It did not annul the will, but it ordered the return of $10,000 paid by Mr. Totaro to the respondents shortly before his death. The Court of Appeal dismissed the appeal.