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Wiebe v Dopko

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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appealscanadacanadiancaselawcourtopinionprocedure
canada, canadian, case law, court opinion, canlii, skca, 2026skca82, 2026 skca 82 (canlii), 2026, skca, 82, (canlii), cacv4396, 2026, estates and wills, probate, revocation of grants, did the chambers judge err by directing a trial to prove the will in solemn form and declining to decide revocation of the letters of administration?, dieno estate framework applied to contested probate, discovery of later will treated as relevant, order consistent with rule 16, 46 and rule 16, 47 practice, appeal dismissed, procedure, appeals, appellate jurisdiction, should the court of appeal stand in the shoes of the court of king’s bench to revoke letters of administration or void the settlement agreement?, inherent jurisdiction and s. 3(1)(a) of the administration of estates act considered, established probate procedure not bypassed, matter properly left for trial, appeal dismissed, contracts, settlement agreements, rescission and enforceability, can enforceability of the settlement agreement be determined without first addressing the validity of the later, discovered will?, courts must consider probate responsibilities before contract relief, validity of will not irrelevant to settlement, issues deferred pending proof in solemn form, appeal dismissed
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