45 St. Clair Ave. West, Suite 600
Toronto, Ontario, M4V 1K9
Tel: (416) 925-7400

Update on public policy doctrine: SCC to consider application for leave to appeal McCorkill

Most estate litigators will be familiar with the now infamous New Brunswick case of McCorkill v Streed, Executor of the Estate of Harry Robert McCorkill (aka McCorkell), Deceased, 2014 NBQB 148. We blogged about the decision, in which the hearing judge struck a testamentary gift to the National Alliance n grounds of public policy.

The New Brunswick Court of Appeal upheld the hearing judge’s decision in July of 2015. The Court holds that there is no reason to interfere with the hearing judge’s decision, but the reasons provide no further analysis of the public policy doctrine.

The Supreme Court of Canada has now received an application for leave to appeal the McCorkill decision.


Previous Post:
Next Post:
Click here or on top Blog logo to return to Blog front page.

Search Blog by Keyword(s)

Site Search

Site Map