Appellate review in matters of wills variation has a broad scope. As I understand the authorities we are free to disagree with the trial judge if satisfied that he drew wrong inferences or exercised his discretion incorrectly. At p.813 of Tataryn, supra, Madam Justice McLachlin speaking for the court, said in relation to the Wills Variation Act: For the purposes of this statute, an appellate tribunal is in the same position as the trial judge; deference to the findings of the trial judge is not required except on matters based on oral testimony: Swain v. Dennison, 1966 CanLII 42 (SCC), [1967] S.C.R. 7, at p. 12.
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