Whaley Estate Litigation

Consent and Capacity Board Appeals

Parties to hearings before the Consent and Capacity Board (CCB) have a right to appeal CCB decisions to the Superior Court of Justice. Parties may appeal a CCB decision on the basis of a question of fact or law or both.

Notice of an appeal of a CCB decision must be served on all the parties as well as the CCB within seven days of the CCB decision. Once notice of an appeal is received, the CCB prepares a record for all parties which includes a full transcript of the hearing.

Hearings of CCB appeals are scheduled by the Estates Division of the Superior Court of Justice, and depending on the caseload of the Court, may be scheduled several months after the original hearing.

In cases where parties do not have counsel at the CCB, or wish to act on their own, the Court may appoint counsel as amicus curiae, or “friend of the Court”. The role of amicus counsel is to assist with the presentation of evidence and to highlight relevant legal issues for the presiding judge.

At Whaley Estate Litigation we have extensive experience in representing parties and acting as amicus curiae in appeals of CCB decisions at the Superior Court of Justice.

This overview is intended for the purposes of providing information only and is to be used only for the purposes of guidance. This information is not intended to be relied upon as the giving of legal advice and does not purport to be exhaustive. Whaley Estate Litigation.