While litigants are generally entitled to choose at first instance where they commence a legal proceeding, litigants should make sure that the chosen venue has a rational connection to the matters at issue in the proceeding. Otherwise, there is a risk that the judge hearing the matter will transfer the proceeding to an alternative, more appropriate venue, as was the case in Gallant v Rowsell. In Gallant v Rowsell, the….

In a previous blog post, I discussed the importance of the minimal evidentiary threshold in will challenges. Notably, when document discovery is sought in a will challenge, the moving party must substantiate the release of a deceased person’s personal information, such as medical records and solicitors’ files. The minimal evidentiary threshold protects a deceased person’s privacy and deters disgruntled beneficiaries from commencing fishing expeditions into the deceased’s affairs simply because….