Klimashewski v. Klimashewski Estate

[1987] 2 SCR 754 Court SCC Decision date 1987-12-17 Docket 19639 English

PartiesVladimir Petrowich Klimashewski Appellant·Peter Klimashewski, as Administrator of the Estate of Anastasia Klimashewski, late of the City of Winnipeg, in the Province of Manitoba, and Peter Klimashewski Respondent

Judges Estey, Willard Zebedee; McIntyre, William Rogers; Wilson, Bertha; La Forest, Gérard V.; L'Heureux-Dubé, Claire

Delivered by Majority

On appeal from Manitoba

Subjects Courts

The following is the judgment delivered by

1. The Court‑‑The Court is unanimously of the view that the Court of Appeal erred in substituting its view of the weight of the evidence in favour of an outright gift of a one‑half interest in the property in question by the mother to the son, for that of the trial judge who had the benefit of seeing the witnesses, including the parties, while giving their evidence. The appeal is accordingly allowed and the judgment of the trial judge is restored with costs to the appellant throughout.

Appeal allowed with costs.

Solicitors for the appellant: Taylor Brazzell McCaffrey, Winnipeg.

Solicitors for the respondent: Walsh, Micay & Company, Winnipeg.