Canada Judgment

Court of Appeal for Ontario

Shapiro v. Shapiro

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Source document

01

Holding and result

The Court dismissed the appeal because s.76 of the Succession Law Reform Act confers exclusive authority on the Divisional Court over appeals under the Act, and therefore the Court of Appeal lacked jurisdiction to hear the appeal.

Court disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs payable to the respondent by the Estate in the agreed all-inclusive amount of $25,000

02

Material facts

Parties

Jack Shapiro

Applicant (respondent) Counsel: Anne Posno, Rebecca Waxman, Stephen Victor

Michael Shapiro (personally and as Estate Trustee for the Estate of Carol-Sue Shapiro)

Respondent (appellant) Counsel: Margot L. Pomerleau, Bre Quinelle Boudreau

Tracy Shapiro

Respondent (appellant) Counsel: Margot L. Pomerleau, Bre Quinelle Boudreau

Amounts and remedies

  • Costs Award: CAD 25,000

03

Procedural history

  1. Posture

    Civil Succession/estate Law Appeal / Appeal to the Court of Appeal From a Superior Court of Justice Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant (Jack Shapiro) submitted that s.76 of the Succession Law Reform Act vests exclusive authority over appeals under the Act in the Divisional Court, barring the Court of Appeal from hearing the appeal.
Respondent
Appellants (Michael and Tracy Shapiro) contended the matter was properly before the Court of Appeal and that s.76 did not preclude the Court of Appeal's jurisdiction or did not apply to this appeal.

05

Court’s reasoning

  1. 01

    Succession Law Reform Act, R.S.O. 1990, c. S.26, s.76

    Statutory exclusivity of appellate jurisdiction for succession matters

  2. 02

    Principles of appellate jurisdiction and Ontario jurisprudence

    Courts must respect statutory allocation of jurisdiction and decline to hear matters committed exclusively to another forum

06

Ratio, limits and disposition

Ratio decidendi

The Court dismissed the appeal because s.76 of the Succession Law Reform Act confers exclusive authority on the Divisional Court over appeals under the Act, and therefore the Court of Appeal lacked jurisdiction to hear the appeal.

Court disposition

Appeal dismissed

  • Appeal dismissed
  • Costs payable to the respondent by the Estate in the agreed all-inclusive amount of $25,000

Source and reliance status

Court of Appeal for Ontario · 25 February 2026

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court of Appeal for Ontario

Judgment· 25 February 2026

2026 ONCA 144

Shapiro v. Shapiro Collection Decisions of the Court of Appeal Date 2026-02-25 Neutral citation 2026 ONCA 144 Docket numbers COA-25-CV-0690 Judges Lauwers, Peter D.; Huscroft, Grant; Gomery, Sally A. Subject Civil Decision Content

COURT OF APPEAL FOR ONTARIO CITATION: Shapiro v. Shapiro, 2026 ONCA 144 DATE: 20260225 DOCKET: COA-25-CV-0690 Lauwers, Huscroft and Gomery JJ.A. IN THE MATTER OF the Estate of Carol-Sue Shapiro, deceased

BETWEEN Jack Shapiro Applicant (Respondent) and Michael Shapiro, personally, and in his capacity as Estate Trustee for the Estate of Carol-Sue Shapiro*, and Tracy Shapiro Respondents (Appellant*) Margot L. Pomerleau and Bre Quinelle Boudreau, for the appellant Anne Posno, Rebecca Waxman and Stephen Victor, for the respondent Heard and rendered orally: February 24, 2026 On appeal from the Judgment of Justice Karen Jensen of the Superior Court of Justice, dated May 6, 2025, with reasons reported at 2025 ONSC 2781.

REASONS FOR DECISION [1] We have concluded that the judgment under appeal is on its face under the Succession Law Reform Act, R.S.O. 1990, c. S.

26. The Divisional Court is given exclusive authority over any appeal under s. 76 of that Act. The appeal is therefore dismissed. [2] Costs payable to the respondent by the Estate, in the agreed to and all-inclusive amount of $25,000. “P. Lauwers J.A.” “Grant Huscroft J.A.” “S. Gomery J.A.”

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Shapiro v. Shapiro, 2025 ONSC 2781

Case cited

Shapiro v. Shapiro, 2026 ONCA 144

Case cited

Succession Law Reform Act, R.S.O. 1990, c. S.26, s.76

Legislation

Legislation referenced in the available case record.

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