Wonsch (Litigation Guardian of) v. Wonsch
This Ontario Court of Appeal decision illustrates the tangled webs of family history that sometimes need to be negotiated in estates litigation, notwithstanding that the case arose in the potentially (though not necessarily) dry context of a corporate oppression action.
A mother owned shares in a family corporation which she bequeathed to her six children on her death. One son, Bryan, suffered from a mental illness, and was provided for his mother in 1980 via the creation of a trust for Bryan’s benefit and the benefit of Bryan’s children. Bryan’s mental illness led to tragedy in 1986, when he killed his mother and was subsequently convicted of manslaughter. Bryan, having killed his mother, was disentitled from benefitting in his mother’s estate through the trust. However, that had no effect on Bryan’s children, also beneficiaries.
Three of Bryan’s children, as his litigation guardians and beneficiaries of the trust, eventually successfully sued three of his brothers (their uncles), who managed the family corporation, on the basis of alleged oppression of minority shareholders.
Such tragic but riveting situations are less unusual than one might believe. Mental illness or disability leads to any number of permutations and combinations of fact situations, rarely happy ones.
While these cases can be discouraging, there is solace to be found in the courage and compassion of the family members of the disabled, whose endurance and fortitude can be difficult to comprehend.
Thanks for reading.
Sean Graham
