Ruth Paul

The decision in Samide v. Taylor, 2026 ONSC 3589 provides clarity on the interplay of the Succession Law Reform Act (“SLRA”) and the Electronic Commerce Act (“ECA”), specifically the applicability of these statutes on wills that only exist electronically. Robert Samide (“Robert”) died unexpectedly in July 2024. He was survived by his children: Jessica, Nicole and Christopher, as well as his domestic partner, Shantel Taylor (“Shantel”) and her three sons…..

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….

A notice of application marks the beginning of estate litigation proceedings. The notice of application provides an overview and outlines the precise relief sought, the grounds to be argued (including any statutory provisions or rules to be relied on) and the evidence to be relied on at the hearing of the application. As the grounds and relief sought in an application are often captured by numerous statutory authorities, a notice….