The appellants, estate trustees for the deceased aunt of a party to a family law action, appealed the dismissal of their motion to set aside a family law trial judgment.
The trial judgment had awarded the respondent a one-half interest in a property previously held in joint tenancy by her ex-husband and the deceased aunt.
The aunt died before trial, and her interest passed to the ex-husband by right of survivorship.
The Court of Appeal dismissed the appeal, finding that the estate trustees failed to move in a timely manner, having waited until after the ex-husband's appeal was dismissed before asserting the estate's rights.
Furthermore, the estate's claim lacked potential merit as the deceased had never taken steps to sever the joint tenancy during her lifetime.
