Law360 Canada (February 2, 2024, 6:11 PM EST) -- Application by Executor Lucy Liang (Executor) for declaration that Plaintiff was in unlawful possession of Property, that Executor was entitled to vacant possession of the Property and interlocutory injunction restraining Plaintiff from entering the Property. Application by Plaintiff for interlocutory injunction restraining Executor from interfering with his occupancy of the Property pending trial. The Deceased left her estate including the Property to her siblings, the Personal Defendants. The Plaintiff sought a variation of the Will under the Wills, Estates and Succession Act (WESA) as he and the Deceased were spouses of each other and the Will did not make adequate provision for him. The Personal Defendants denied that the Plaintiff was the common law spouse of the Deceased and claimed that he had no standing to bring a claim under WESA. The Executor alleged that the Plaintiff excluded her from the Property and refused to pay a market rent for his use of the Property. The Plaintiff pleaded: he never paid rent but did contribute to expenses; he and the Deceased were in a marriage-like relationship; he changed the locks on the Property because the Executor refused to make reasonable arrangements for access; and, denied he excluded the Executor from the Property. The Executor submitted: the Plaintiff had no proprietary right or interest in the Property under WESA; the ordinary test for an interlocutory injunction did not apply in cases of trespass; and finally, the Estate was entitled to an injunction upon the establishment of a prima facie case that its property rights were being interfered with. The Plaintiff conceded he was not a legal owner of the Property but submitted that he had a legal right to occupancy of the Property as he was the spouse of the Deceased....