Linseman v. Linseman
Heath Barrett Linseman and Shelby Diana Linseman, in their capacity as estate trustees for the Estate of Raymond Edward Linseman
Law Firm / Organization
Hammond LLP
Lawyer(s)

Charles Hammond

Eric Linseman
Law Firm / Organization
Howard Kelford & DuBois LLP

- Parties: The appellants were Heath Barrett Linseman and Shelby Diana Linseman, in their capacity as estate trustees for the Estate of Raymond Edward Linseman. The respondent was Eric Linseman. 

- Subject Matter: The application judge accepted that the grandfather acted as a loving parent toward the respondent and found that the respondent was his grandfather’s dependant and entitled to support under Ontario’s Succession Law Reform Act, 1990. The issue in this appeal was whether this finding was erroneous. Another question in this case was the appropriate remedy if the respondent was a dependant. 

- Ruling: The court ruled in the respondent’s favour and dismissed the appeal apart from allowing it on the remedy issue. The court lifted the order suspending the estate administration. The court ordered Shelby Diana Linseman, who was personally liable for the amounts owed, to pay the respondent funds in the amount of $152,000. The court noted that Shelby could transfer the home into the respondent’s name to satisfy her obligation. The court found no error in finding the respondent the grandfather’s dependant but saw an error in the decision to transfer the grandfather’s home into the respondent’s name. The respondent should instead receive a monetary award from the estate, the court said. 

- Date: The court released its decision on Dec. 2, 2024. 

- Venue: This was a case before the Ontario Superior Court of Justice - Divisional Court. 

- Amount: The court ordered the appellants to pay the respondent costs of $6,500, as agreed between the parties. 

Ontario Superior Court of Justice - Divisional Court
2867/24
Estates & trusts
$ 6,500
Respondent