![]() ![]() ![]() The Applicant commenced a motion to enforce the Minutes. The Minutes were sent to the Respondent’s counsel for execution by the Respondent, however, he refused to sign the Minutes. Minutes were prepared by the Applicant’s counsel as confirmed and instructed by the Respondent’s counsel. Thereafter, the Applicant, retained new counsel and offers to settle were exchanged again between counsel for the parties and the matter was settled by counsel on behalf of their respective clients. A few years passed from when the litigation had commenced. If the lease did not form part of the Deceased’s estate, there would be insufficient value in the estate to pay the Respondent the $400,000 legacy.Įach of the Applicant and Respondent commenced an application seeking a declaration from the court in support of his/her own position. A dispute arose between the Applicant and the Respondent on whether the life lease occupancy passed to the Applicant by right of survivorship, or formed part of the Deceased’s estate. The notice of lease registered on the title showed both the Deceased and the Applicant as tenants with the term ending on the death of the survivor of them. The Applicant and the Deceased lived in a residential unit, pursuant to a life lease occupancy agreement. The Deceased left a Will in which he left the Respondent a legacy of $400,000.00, and the residue of the estate was left to the Applicant. Leaving behind his surviving spouse, the Applicant, and his son from a previous marriage, the Respondent. Herman Gelber (the “Deceased”) passed away on September 6, 2013. Gelber, the Applicant brought a motion under Rule 49.09 of the Rules of Civil Procedure (the “Rules”) seeking relief from the court to exercise its discretion and enforce the minutes of settlement (the “Minutes”) that had been entered into with the Respondent. ![]()
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