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Ontario court of appeal sends mixed messages regarding probate jurisdiction

Wednesday, March 08, 2017 @ 8:37 AM | By Ian Hull and Suzana Popovic-Montag

The Ontario Court of Appeal recently released two separate and very important decisions in the areas of wills and estates. The two cases were Spence v. BMO Trust Co. 2016 ONCA 196 and Neuberger v. York 2016 ONCA 191. In both of these decisions, the Court of Appeal addressed the issue of the court’s jurisdiction and role in matters of probate. In BMO, the Court of Appeal held that the court had a limited role, whereas in Neuberger, the same court held that it had a wide jurisdiction when dealing...