Nicole Cianci

The respondent brought a motion to stay an application for dependent's support under the Succession Law Reform Act, arguing that the Ontario Superior Court lacks jurisdiction.

The applicants sought support from the estate of a deceased individual who was domiciled in Costa Rica at the time of death.

The court found that the deceased had established Costa Rica as his permanent domicile and that the presumptive connecting factors (existence of personal property and insurance trusts in Ontario) were insufficient to establish a real and substantial connection between the dispute and Ontario.

The application was permanently stayed for lack of jurisdiction.

The applicant, William David George Whitfield, initiated a Will Challenge against the estate of Tamara Leigh Whitfield, alleging lack of testamentary capacity and undue influence by the respondent, Donald Murray Glover.

The respondent moved to dismiss the challenge, while the applicant cross-moved for production of medical records and preservation of a Facebook account.

The court found that the applicant failed to meet the minimum evidentiary threshold for both lack of capacity and undue influence, dismissing the Will Challenge.

Consequently, the applicant's cross-motion was rendered moot and dismissed.

Costs were awarded against the applicant, with a portion payable from the estate and a portion personally.