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Estates - Corroboration [EA s.13 (Ont)]

. Van Decker Estate v. Van Decker

In Van Decker Estate v. Van Decker (Ont CA, 2022) the Court of Appeal cited a provision of the Ontario Evidence Act [s.13] that required corroboration of evidence in estate litigation:
[2] The appellants refused to vacate the Property, and, despite repeated requests from the Estate Trustee, failed to provide any corroborating evidence of their alleged interest in the Property, as required by s. 13 of the Evidence Act, R.S.O. 1990, c. E. 23. As a result, the Estate Trustee brought a motion for directions, leading to the order appealed from.
. James v. Chedli

In James v. Chedli (Ont CA, 2021) the Court of Appeal considered s.13 of the Ontario Evidence Act, that required evidentiary corroboration before judgment on a party's estate:
[3] The issue on the respondents’ summary judgment motion was whether those notes had become unenforceable, either because they were statute-barred, or because they had been materially altered without the assent of the borrowers, rendering them void under the Bills of Exchange Act, R.S.C. 1985, c. B-4, s. 144(1). Because Dennis Chedli had passed away and the action is against his estate, s. 13 of the Evidence Act, R.S.O. 1990, c. E.23, requires that the appellant’s evidence that Dennis Chedli had assented to the alteration of the notes be corroborated by some other material evidence.

....

[43] In order to determine whether Dennis Chedli had assented to the alterations to the first note, including its conversion from a term note to a demand note in the letter of November 19, 2008, the motion judge had to apply s. 13 of the Evidence Act, which provides:
13. In an action by or against the heirs, next of kin, executors, administrators or assigns of a deceased person, an opposite or interested party shall not obtain a verdict, judgment or decision on his or her own evidence in respect of any matter occurring before the death of the deceased person, unless such evidence is corroborated by some other material evidence.



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Last modified: 18-02-23
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