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Family torn apart by incapacity, ownership, living gift issues

Friday, August 03, 2018 @ 9:28 AM | By Matthias Duensing

When great wealth is at stake, families are time and again torn apart. In 2018, the Ontario Superior Court of Justice presided over a particularly vicious case involving three siblings, their elderly mother, a sophisticated game-playing spouse, and Mattamy Homes (Rubner v. Bistricer 2018 ONSC 1934).

The Rubner family consists of three adult siblings, Marvin, Joseph and Brenda.

The Rubners’ elderly mother, Eda, is in her 90s and does not have the capacity to manage her properties. After her husband passed away, her eldest son Marvin...