Overview:
Gregory John Henuset and his mother, Vivian Alice Henuset, disputed the severance of a joint tenancy in three-quarter sections of farmland in Pipestone, Manitoba. Vivian sought to sever the joint tenancy to distribute the farmland equally among her six children upon her death, while Gregory opposed, claiming undue influence and lack of testamentary capacity.

Legal Issues:

1. Severance Validity: Vivian issued a notice under Section 79(1) of The Real Property Act, intending to sever the joint tenancy. Gregory contested its validity, citing undue influence by his sister, Michelle Gervin, and Vivian’s lack of capacity.

2. Capacity and Undue Influence: Gregory argued that Vivian, aged 90, had impaired memory and vision and was influenced by Michelle, who arranged legal consultations and coordinated care. Vivian and her lawyer, Kelli Potter, refuted these claims, demonstrating her clear intent and understanding.

3. Admissibility of Evidence: Gregory objected to hearsay evidence from Vivian’s conversations. The court admitted some statements for context but not for their truth.

Ruling:
The court upheld the notice's validity, finding Vivian had testamentary capacity and acted independently. Gregory failed to prove undue influence.

Costs:
The severance was declared effective as of June 14, 2023. The judgment invited parties to negotiate costs, with submissions required if unresolved. No final award amount for costs was specified in the decision.