The defendant in a will challenge action brought a motion to strike portions of the plaintiff's statement of claim.
The defendant argued the plaintiff lacked standing to seek an accounting and disgorgement of funds allegedly misappropriated by the defendant prior to their mother's death, as the plaintiff was not a beneficiary under the impugned will.
The court dismissed the motion, finding it was brought late in the proceedings, would not terminate the action, and that the plaintiff had sufficient appearance of a financial interest under a prior will to give her standing to advance the claims.
