Law360 Canada (October 19, 2022, 11:43 AM EDT) -- Appeal by the widow from an order granting the respondents leave to apply for rectification outside the 180-day time limit and rectifying a clause in her husband’s will under s. 59(1)(a) of the Wills, Estates and Succession Act. By the clause to be rectified, the husband gifted shares in his closely held company to the respondents, his adult children. The shareholders’ agreement provided that if one shareholder died, the deceased shareholder’s shares would be transferred to the surviving shareholder at fair market value less the proceeds of a life insurance policy payable to the deceased’s beneficiary, the appellant. The Survivor Clause required the estate to transfer his shares to the surviving shareholder for value, and the amount paid for the shares formed part of the residue of the estate. The judge concluded that it was in the interests of justice to grant the respondents leave to apply for rectification. He determined that the deceased must have intended that if the shares could not be transferred to the respondents in specie, their full fair market value would be transferred to them instead. If the estate was obliged to pay to the respondents the full value of the shares, it would be in a deficit position even before considering probate fees, creditors, income taxes, executor’s remuneration and administrative expenses....