Court of Appeal unanimously upholding application judge’s decision — Whether and how courts can ensure fair and reasonable process in obtaining evidence during challenge to validity of will — Whether and how courts can reconcile summary dismissal of will challenge on basis of ambiguous “minimal evidentiary threshold” with courts’ inquisitorial function in probate — What is proper procedure to allow legitimate inquiries with respect to validity of will in accordance with established principles of justice?

Read the lower court decision from the ONCA here.