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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….

After 15 years of collaboration and 2,700 contributions, we have refreshed the All About Estates website to better reflect the platform’s scale, longevity, and ongoing use, and to ensure its presentation aligns with the experience and credibility of the collaborative community behind it. Supporting a Growing Body of Work Over the past 15 years, All About Estates has grown into a substantial professional resource, with more than 2,700 blog posts….

A court’s authority to make certain orders or decisions is not always founded in legislation or established case law. In the right circumstances, the court may find its authority from its inherent jurisdiction to do certain things, such as preventing abuse of process, controlling procedure, or protecting vulnerable parties. One such example is the parens patriae jurisdiction, which is founded on necessity and the need to act for the protection of those….