The appellant appealed an order dismissing his cross-motion regarding the administration of his late father's estate.
He sought an extension of time to file an election under s. 6(1) of the Family Law Act on behalf of his incapable mother, arguing his father may have made a subsequent will disinheriting her.
The application judge found no evidence of a subsequent will and that an election was not in the mother's best interests.
The Court of Appeal dismissed the appeal, finding no error in the application judge's factual findings or costs award.