In a will challenge concerning allegations of undue influence over the deceased, the court considered the proper procedural framework for managing the litigation following the Supreme Court of Canada's decision in Hryniak v. Mauldin.
The court held that proportionality principles should guide orders for directions in estate litigation and rejected the routine use of the traditional Estates List standard order for directions.
Instead, the court ordered limited documentary production, permitted written interrogatories in place of oral examinations for discovery, and scheduled a hybrid hearing using affidavit evidence with viva voce cross‑examination.
The court also transferred a related civil action to the Estates List and assumed case management of both proceedings to ensure a timely and cost‑effective resolution.
