The appellant appealed an order made by Justice Conway of the Superior Court of Justice regarding production of materials and privilege issues.
The appellant did not attend the motion before Conway J., although properly served.
The respondents did not object to the order.
The Court of Appeal found that the issues were best litigated before Conway J. in the context of the ongoing proceeding, as she was in a better position to tailor an order to the specific circumstances and issues relating to production orders and protection of privileges.
The appeal was dismissed with costs awarded to the respondent estate trustee and the non-party respondent.
