The appellant appealed an order finding him estopped from objecting to legal accounts paid by the Estate Trustee.
The appellant argued the motions judge erred by determining the substantive issue of estoppel during a first appearance for a motion for directions, depriving him of the opportunity to present evidence.
The Divisional Court agreed, finding the motions judge should have resolved the conflict respecting the draft orders giving directions rather than deciding the substantive issue.
The appeal was allowed, the order was set aside, and the matter was referred back to the Estates List.
