The Court of Appeal for Ontario granted an extension of time to appeal an order validating two technically deficient wills under s. 21.1(1) of the Succession Law Reform Act.
The moving parties, who had not opposed the application at first instance, explained their delay and raised serious issues about the testamentary intentions of the deceased and the application judge’s process.
The court found no undue prejudice to the responding party and dismissed a cross-motion for security for costs.