Haddock v. Haddock

canada, canadian, case law, court opinion, canlii, onca, 2026onca600, 2026 onca 600 (canlii), 2026, onca, 600, (canlii), coa-25-cv-1574, 2026, estates and wills, will interpretation, specific devise and residue, whether beneficiary must pay shortfall to receive cottage, cottage clause conditioned on deduction from share of residue, overriding intention to treat three children equally, shortfall treated as amount owing to estate, appeal dismissed, procedure, appellate review, standard of intervention, whether interpretation involved palpable or overriding error, finding of mixed fact and law entitled to deference (trezzi v. trezzi), appellant sought substitution of another reasonable interpretation, no palpable or overriding error identified, appeal dismissed, procedure, costs, estates litigation, whether leave to appeal costs should be granted, leave only for error in principle or plainly wrong costs order, modern approach applies normal civil costs rules absent public policy considerations (neuberger estate v. york), estate not an “atm bank machine” (muscat v muscat estate, salter v. salter estate), leave denied, costs ordered against appellant on partial indemnity basis