Lalonde v Waddell

canada, canadian, case law, court opinion, canlii, abca, 2026abca296, 2026 abca 296 (canlii), 2026, abca, 296, (canlii), 2603-0029ac, 2026, estates and wills, intestacy, surviving spouse, wills and succession act, s 61(1)(a), s 63(1), whether separated surviving spouse is deemed to have predeceased intestate, separation for less than two years at death, descendant also surviving spouse’s descendant, entirety of intestate estate to surviving spouse, appeal granted, family, family property, continuation after death, family property act, s 16(a), s 11, s 12, whether surviving spouse must pursue and complete family property action before estate action, “may be continued by the estate” permissive not mandatory, deceased spouse did not commence action or counterclaim, family property action procedural order set aside, procedure, appeal, procedural fairness, whether necessary to address procedural unfairness after statutory interpretation conclusion, second ground not decided, doroshenko v villanueva distinguished on opportunity to make submissions, pretrial conference adjournment offers noted, appeal allowed without fairness determination, order set aside, procedure, pretrial conference, case management orders, appeal from family property action procedural order addressing disclosure timelines and litigation plan, requirement that family property action be finalised before estate action rejected, trial adjournment sine die tied to erroneous legal premise, appellate intervention on procedural orders, appeal granted, order set aside in entirety