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The Court of Appeal for Ontario dismissed an appeal from an order striking the appellantsâ defence for repeated non-compliance with production orders in estate litigation.
The court found Borghild Maria Valeria incapable of managing her affairs and appointed Ernest Valeria as committee of her estate, subject to conditions and PGT oversight.
The court confirmed the Sheriff's sale because the trustee had authority to delegate bidding to representatives, the Sheriff reasonably relied on counsel's representations, the deed was corrected and registered to the trustee in trust, there was no evidence of fraud or purchaser misconduct, the procedural errors did not amount to special circumstances justifying setting aside the sale, and undoing the sale would unfairly prejudice the mortgagees; accounting or equitable relief against the trustee is the appropriate forum for any internal disputes.
Source excerpt
The court held that a lay person or non-practising lawyer may not prosecute representative proceedings for others under s. 15 of the Legal Profession Act, but reserved alternative stay grounds.
The court approved Francisco Gold Corp.âs plan of arrangement, finding the disclosure adequate and the proposal fair and reasonable, and it refused an adjournment.
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