PROCEEDINGS - Parties - Pleadings

Law360 Canada (February 10, 2023, 6:38 AM EST) -- Motion by Scott for summary judgment. Scott sought an Order dismissing all claims against her as well as all cross-claims. Steinhards was the former common law spouse of the deceased, Whaley. She had commenced a Dependent’s Support claim on behalf of Riley who was now seven years old. Riley was not Whaley’s biological child but was conceived and born during their relationship using assistive reproductive technology. Scott was employed for over 30 years by Whaley in his business, a well-known clothing store, Frank Stollery Ltd. (Stollery’s). The Defendants Kim and Senike were Whaley’s daughters from his second marriage. The Defendant Render was Whaley’s nephew. Scott prepared the 2003 Will on Whaley’s instructions. It named Senike and Render as executors and named Senike as the beneficiary. Whaley’s previous Will from 1986 divided his Estate equally between Whaley and Senike. There were allegations that Scott hid the 2003 Will from others as a form of retaliation. The genesis of the conspiracy was alleged to have occurred during two meetings. The meetings generated a To-Do list distributed to the alleged co-conspirators. The To-Do list contained specific mention of Scott. Riley alleged that Scott worked with the other defendants in order to defeat claims advanced on her behalf....
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