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Ontario Court of Appeal struggles with testatrix’s intentions for sale of family farm

Thursday, August 09, 2018 @ 11:25 AM | By Amanda Jerome

In a 2-1 decision, the Ontario Court of Appeal has dismissed the appeal of a brother against trustees of a parent’s estate in a clash over the family farm. Counsel said the decision highlights the importance of will drafting.  

In Janicek v. Janicek 2018 ONCA 679, the court heard that the respondents, Steven Janicek Jr. and Franklin Janicek, and the appellant, John Janicek, are brothers. Their dispute involves directions their mother, Anne Emily Janicek, left in her will on how the family farm should be...