Law360 Canada ( July 14, 2022, 6:40 AM EDT) -- Appeal by Wesley from the application judge finding that the entire bequest in favor of Wesley failed, on grounds that the trial judge erred in finding that the bequest in issue was a licence rather than a life interest. Barsoski and Wesley were close long-term friends. When Barsoski died, she was generous to him. She provided the trustees were to hold her home and contents as a home for Wesley during his lifetime or for such shorter period as he desired. The estate trustee brought an application to determine the nature of the proprietary interest in the home granted to Wesley, and whether the conditions on his interest in the home were clear and unambiguous or void for uncertainty. Wesley never lived in the house before Barsoski’s death, although he was a frequent visitor. His evidence was he intended to live there after he retired. The application judge determined the interest bequeathed to Wesley was a licence and not a life interest. Wesley argued the application judge fell into palpable and overriding error in determining that Borsoski intended to grant him a licence in her house as opposed to a life interest and in concluding that because the will granted a licence rather than a life interest, the entire gift failed due to the uncertainty of the condition....