Court of Appeal for Ontario
Before: Copeland, Monahan and Gomery JJ.A.
In the Estate of Nabute Ghebrehiwet, Deceased
Between
Letekidan Menghesha, by her Litigation Guardian Almaz Gebremariam
Applicant (Appellant/Responding Party)
and
Hanna Gebremariam
Respondent (Respondent/Moving Party)
Counsel:
Gib van Ert, K.C. and Dahlia Shuhaibar, for the respondent/moving party
Doreen Lok Yin So and Valeri Akujobi, for the appellant/responding party
Heard and rendered orally: May 20, 2026
REASONS FOR DECISION
1The motion to quash is granted. The order is interlocutory. The order decides the legal interpretation of s. 21.1 of the Succession Law Reform Act, R.S.O. 1990, c. S.26. It does not decide the real matter in dispute between the parties, in particular, whether the electronic document should be validated under s. 21.1, whether the document was sent by the deceased, and whether the deceased had testamentary capacity.
2We decline to reconstitute ourselves as the Divisional Court to consider the application for leave to appeal.
3As agreed by the parties, there is no order as to costs.
"J. Copeland J.A."
"P.J. Monahan J.A."
"S. Gomery J.A."