The applicant sought directions under Rule 75.06(1) to access the files of his deceased mother's lawyer, Maria Simone, to investigate a potential challenge to her 2014 will under s. 21.1 of the Succession Law Reform Act.
The applicant, a 10% beneficiary under the 2014 will, wished to review draft wills and notes to determine if a later testamentary intention existed, without formally challenging the 2014 will due to a disinheritance clause.
The court expressed reluctance to grant pre-action discovery, citing concerns about fishing expeditions, solicitor-client privilege, and the lack of a pleaded cause of action.
Despite the estate trustee's consent, the court declined to grant the order on an uncontested case conference, requiring the applicant to return with researched legal argument on the novel issues raised by s. 21.1 and the application of s. 9 of the Estates Act.