Law360 Canada ( May 14, 2025, 12:50 PM EDT) -- Appeal by appellants from an order refusing appellants’ leave to proceed with an action and dismissing application to remove Catherine as executrix of deceased’s estate. The appellants argued that the trial judge erred by going beyond a limited weighing of evidence and applied an erroneous legal test to exercise his discretion. The deceased died leaving a will. She had two children, Catherine and Barry. Barry had two children, the herein appellants. Catherine and Barry were appointed as the deceased’s attorneys under a power of attorney. After Barry died, Catherine continued as the deceased’s attorney under the power of attorney. Catherine was also appointed the sole executrix of the deceased’s will. The appellants filed an action claiming the value of the estate was less than it should have been given. They also pointed to contradictions or inconsistencies in Catherine’s estimates of the value of the estate. The trial judge concluded the issues raised by the appellants amounted to no more than speculation. They had not provided any evidence of a breach of duty or obligation by Catherine, and notwithstanding the low threshold to be granted leave, it was neither necessary nor expedient to grant leave to protect the estate or appellants’ interests as specified persons....