The Alberta Court of Appeal agreed with the trial judge that any plans for Mr. Foote to leave Norfolk Island to take up residence in Victoria and live there indefinitely was undeveloped and the intention was ambiguous. Thus, the court upheld the decision and stated that evidence supported that Mr. Foote’s domicile changed from Alberta to Norfolk in 1972 and that he had not acquired a new domicile of choice in British Columbia or Alberta. Nor did he abandon Norfolk and not adopt a new domicile, which would revert his domicile to Alberta. His domicile at his death was that of Norfolk Island.