Early this month Ontario’s Court of Appeal released its decision in Spence v. BMO Trust Company, an important statement on the supervisory jurisdiction of Ontario courts regarding gifts in a Will that offend public policy.
The court affirmed that at common law, “… a testator’s right to dispose of her property and to choose her beneficiaries as she wishes, even on discriminatory grounds”, is protected.
The deceased had two daughters. He moved to Canada after divorcing their mother. His daughter Verolin followed her father to Canada. The other daughter remained with her mother in England.
The deceased, a black . . . [more]