Re Sorkos EstatePosted May 5, 2016
2014 ONCA 618; Lerners acted for the Appellant in this estate matter. The trial judge had decided not to consolidate the Appellant’s application for dependant’s relief with an action against the estate for property, and that the property action took precedence over the dependant’s relief application. The Court of Appeal allowed the appeal and ordered a new trial on the narrow issue of the Appellant’s entitlement to dependant’s relief. The decision not to consolidate the trials had led to errors of law, and the trial judge did not conduct a proper analysis of the priority between the claims.