The appellant appealed a judgment declaring valid a continuing power of attorney for property executed by his father in favour of the respondent, and the dismissal of a motion to consolidate the respondent's application with pending proceedings.
The Court of Appeal found that the application judge erred by treating the respondent's application as separate from the pending proceedings, which involved the same parties and raised identical issues of undue influence and suspicious circumstances.
The appeal was allowed, the application judge's decision was set aside, and the application was converted to an action and consolidated with the pending proceedings.
