Christopher Cook

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 Ontario, a person who seeks to challenge the validity of a will is required to meet a “minimum evidentiary threshold.” This threshold exists to prevent estates from becoming embroiled in years of expensive litigation over the thinnest of allegations. The minimum evidentiary threshold was recently addressed in Cissek v Laszlo, 2025 ONSC 7264 (“Cissek”). In Cissek, the applicant sought to challenge the validity of the last will and testament….

The recent case, Stewart Estate v Stewart, 2025 ONCA 575, provides guidance on the test for a stay pending appeal.  In Stewart, the deceased, William, executed a last will and testament (the “Will”) in 1989.  William died five years later.  He was survived by his wife, Edith, and their 13 children.  The Will gave a life estate to Edith, after which William’s two farms were to be transferred to his….

*This blog was written by Ruth Paul, student-at-law* In Ontario, the Limitations Act requires a proceeding to be commenced within 2 years of a claim being discoverable. The Act also imposes an ultimate limitation period in which a proceeding must be commenced within 15 years of the date the act or omission occurred. The date of discoverability and/or the date the act or omission occurred are important considerations in determining….