Examination for Discovery

Examination of non-parties

Production of documentary evidence and examinations are key parts of the litigation process as a matter proceeds towards trial. In some cases, an applicant may wish to examine non-parties, in addition to the opposing litigants. In an estates context, these can include family members of the deceased, accountants or solicitors that helped the deceased manage his or her financial affairs or draft a will, or business partners of the deceased…..

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Estate Litigation, Executors, Family Conflict, Wills

Zoom Is Here To Stay: Virtual Discoveries As The New Normal

In the early days of the COVID-19 pandemic, I blogged about Justice Myers’ decision in Arconti v. Smith where his Honour decided that an examination should proceed virtually.  As his Honour pithily noted, we no longer record evidence with a quill and ink; technology changes and our legal practices must change with it. If there was a doubt as to whether Arconti was only applicable during the pandemic, Justice Myers….

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Estate Litigation
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