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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.
