Simmons v Sinclair

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca74, 2026 mbca 74 (canlii), 2026, mbca, 74, (canlii), ai25-30-10290, 2026, estates and wills, will challenge, disclosure process, application seeking order pronouncing will invalid, grounds pleaded including testamentary capacity, knowledge and approval, undue influence, suspicious circumstances, consent order waiving privilege and directing production and discoveries “as if this application were an action”, dispute over production returned for new hearing, appeal allowed in part, procedure, document production, king’s bench rule 30, whether “minimal evidentiary threshold” governs rule 30 production after consent order, motion judge’s rule 30 analysis said to “mirror” neuberger, seepa and peter estate, misdirection in law found where consent order required production of relevant documents, motion dismissal set aside, appeal allowed in part, procedure, consent orders, binding effect, whether consent order governed disclosure and discoveries absent rule 59.06 motion, consent order described as binding order with same force and effect as a judgment, no party sought to set aside or vary the order, agreed process held to be complete answer to production dispute, motion to be reheard, appeal allowed in part, procedure, appeals, final or interlocutory orders, whether leave required under s. 25.2(1) of the court of appeal act, production orders generally interlocutory, but findings made “arguably dispose of the core” will dispute, order held final to extent it determined substantive rights granted by consent order, appeal as of right, leave not required, procedure, appellate remedies, rehearing, whether matter should be remitted where motion judge did not decide what relevant documents should be produced, motion judge made findings “final in nature” about execution of will and proof in solemn form, issue of relevance and production not determined under consent order and kb rules, motion returned for new hearing before different judge, appeal allowed in part