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Case Details

Smith Estate V. Rotstein

Apr 15, 2010

In this estates case, Mr. Shekter represented the Estate Trustee and Executor in connection with a will challenge brought by the Executor’s sister who alleged that her mother’s will was invalid. In an almost unprecedented proceeding in the context of estate litigation, Mr. Shekter successfully brought a summary judgment motion to strike out the sister’s objections to the will and obtain probate of the mother’s will. The objector filed 54 volumes of evidence. But it failed to satisfy the judge that the objector had any basis to attach the will. In a follow up and also unprecedented proceedings, Mr. Shekter sought and obtained an order requiring the objector to personally pay to her brother almost $800,000 in full indemnity costs, which virtually underwrote all of the Executor’s legal fees. The objector appealed the case all the way to the Supreme Court of Canada. Mr. Shekter was successful at each level of appeal. The case ended after the costs award was upheld.

Decisions

* Past results are not necessarily indicative of future results. The amount recovered will vary according to the facts of the individual cases.

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I have not seen a case which has been better prepared or presented than this one. In addition to the very substantial success, a number of matters arose during trial which demonstrated to me the thorough, sophisticated and ingenious way in which all aspects of this case were prepared and direct and cross-examinations were conducted (by Richard Shekter).

Justice O'Brien

Roberts v Morana

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