A case conference was held to determine the procedure for appealing a costs-only order made under Part V of the Succession Law Reform Act.
The appellant argued that s. 76 of the Act provides an appeal as of right, while s. 133 of the Courts of Justice Act requires leave to appeal costs orders.
The case management judge directed that any party seeking to appeal the costs order must bring a motion for leave to appeal in writing under Rule 62.02, where they may make submissions on the apparent statutory conflict.
