2 total
Appeal allowed; application regarding power of attorney converted to an action and consolidated with pending proceedings.
The appellant appealed a judgment declaring valid a continuing power of attorney for property executed by his father in favour of the respondent, and the dismissal of a motion to consolidate the respondent's application with pending proceedings.
The Court of Appeal found that the application judge erred by treating the respondent's application as separate from the pending proceedings, which involved the same parties and raised identical issues of undue influence and suspicious circumstances.
The appeal was allowed, the application judge's decision was set aside, and the application was converted to an action and consolidated with the pending proceedings.
Motion for leave to appeal interlocutory settlement conference orders dismissed as orders were purely procedural.
The applicant sought leave to appeal two interlocutory orders made at a family law settlement conference: one adjourning the conference sine die and another permitting the respondent to amend her pleadings to claim spousal support.
The court found that the settlement conference judge properly exercised his case management powers to ensure the complex corporate issues were trial-ready, and that the order regarding pleadings was purely procedural.
Finding no conflicting decisions and no good reason to doubt the correctness of the orders, the court dismissed the motion for leave to appeal.
