Robin M. Spurr

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.

The applicant, a 64-year-old man with significant health issues, brought a motion for temporary dependant's support from his late father's estate.

The respondent, the applicant's mother and sole beneficiary, had distributed the entire estate to herself without applying for probate.

The court found credible evidence that the applicant was a dependant and ordered the respondent to pay $5,000 per month in temporary support plus a $5,000 lump sum.

The court also held that the limitation period for the claim had not expired because it only begins to run upon a grant of probate, which had never been obtained.

The appellants appealed from a judgment dismissing their action and declaring the appellant a vexatious litigant under s. 140 of the Courts of Justice Act.

The Court of Appeal agreed with the reasons and conclusions of the motion judge and dismissed the appeal, awarding costs to the respondents.