The applicant sought leave to appeal an order staying her Ontario application regarding an estate dispute pending the determination of a related proceeding in California.
The deceased lived in California and executed her will there, but held significant assets in Ontario.
The applicant sought rectification of the will to include a residue clause in her favour, and also claimed the Ontario assets were held in trust for her.
The motion judge stayed the Ontario proceedings, finding that the rectification issue should be determined in California first.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decision and no reason to doubt the correctness of the motion judge's order.