September 3, 2024 – Exclusions: Provable Without Documents

Viva voce evidence, in conjunction with whatever relevant documentary evidence exists, may ground a claim for an exclusion.  For example, even though Goodyer v. Goodyer is a pro rata case, at para 83 Perkins J. said, “the individual assets in the investment account need not be traced with any degree of detail, so long as the history and continuity of the account as a whole are proved.”   Penny J. adopted a similar approach to the evidence in Ludmer v. Ludmer, a “common sense” case.  As did Simmons, J.A. in obiter in Townshend v. Townshend.”

          Farmer v. Farmer, 2021 ONSC 5913 (CanLII) at 84

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