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Monthly Archives: August 2025
2 ResultsAn Appeal Is Not A Do-Over
by: Karen Watters, August 26, 2025
It is often said that in a court battle there is a winner and a loser. The court must decide which facts and evidence it prefers and which party the law favours. After a decision is made by the judge who heard the application or trial, a party may “appeal” the decision to a higher…read more
Judicial Discretion in Estate Trustee Appointments
by: Elaine Yu, August 18, 2025
Today’s blog post was written by articling student Iryna Huk. On appeal, the court in James Estate (Re), 2024 ONCA 623 (CanLII) affirmed that the Superior Court of Justice has inherent jurisdiction to deny an application to appoint an estate trustee, even if the appointment is supported by the beneficiaries.[1] While courts generally defer to…read more