Apportioning Court Costs | Disinherited Vancouver Estate Litigation

Apportioning Court Costs

PKMB v DHL 2018 BCSC 1039 dealt with the apportionment of court costs where both the plaintiff and the defendant achieved some success. Rule 14 –1 ( 15) permits the court to award costs: The court may award costs of a proceeding that relate to… Read more

S.58 WESA Does Not Apply to Wills With "Pour Over" Revocable Trusts

S.58 WESA Does Not Apply to Wills With “Pour Over” Revocable Trusts

Re Quinn Estate 2018 BCSC 365 held that the curative provisions of section 58 WESA did not apply to a will, with a ”pour over” clause that created revocable and amendable trusts. Mr. Quinn was a well know when general manager in the National Hockey… Read more

S. 52 WESA and Rebutting the Presumption of Undue Influence In Wills

S. 52 WESA and Rebutting the Presumption of Undue Influence

Ali v Walters Estate 2018 BCSC 1032 reviews the law relating to rebutting the presumption of undue influence in regard to a will as dealt with in S.52 of WESA that creates such a presumption and specifies who bears the burden of proof. S 52… Read more

Divorcee Lacks Standing to Contest Deceased Former Husband's Will

Divorcee Lacks Standing to Contest Deceased Former Husband’s Will

In Carswell v Engle Estate 2018 BCCA 164 the Court of Appeal confirmed that a divorced widow did not have legal standing to apply to vary her former deceased spouse’s will and challenge its validity. The court held that she was clearly not a spouse… Read more

Consideration Extends Debt Repayment Limitation Date

Consideration Extends Debt Repayment Limitation Date

Rosas v Toca 2018 BCCA 191 involves an extensive review of the contract principle of consideration and allowed the plaintiff to succeed in the repayment of the $600,000 loan made to a friend, despite the fact she waited seven years to collect, which normally would… Read more

Reconsideration

Reconsidering a Previous Court Order

The law relating to the reopening of a trial and the reconsideration of a previous court order is well settled. The court has a wide discretion, which should be exercised judicially, with caution and sparingly. The leading case in British Columbia to reopen the trial… Read more

Document Disclosure and Production | Disinherited Vancouver Litigation

Document Disclosure and Production

McLeod v Balakrishnan 2018 BCSC 908 reviews the law relating to document disclosure and production  in litigation. The case dealt with two applications, namely that the defendant provide a comprehensive list of documents, as well as an order that she produce documents requested of her… Read more

Encroachment of a Spousal Trust

Encroachment of a Spousal Trust

Toigo Estate 2018 BCSC 936 reviewed the law of the court’s jurisdiction to grant an order approving a resolution of the trustees discretionary power to encroach upon the capital of a spousal trust created by the deceased in favor of his wife. Pursuant to the… Read more

Adjournment of Trials | Disinherited Vancouver Litigation

Adjournment of Trials

The adjournment of a trial is a discretionary matter to the court, and the discretion must be exercised in accordance with the interests of justice, which in turn require a balancing of the interests of the parties. The facts of the application for an adjournment… Read more

Converting a Petition to an Action

Converting a Petition to an Action

Certain claims such as proving a will in solemn form must be brought by petition, and if the matter is to proceed, the petition must be converted to an action by way of a court order. In Kerfoot v Richter 2018 BCCA 238 the executor… Read more

Deceit, Unjust Enrichment and the "Sugar Daddy"

Deceit, Unjust Enrichment and the “Sugar Daddy”

Norkum v Fletcher 2018 BCSC 904 involved as a backdrop to the litigation sex for pay, opportunism, deceit and false expectations. The proceeding arose out of an 8 ½ year relationship between the parties with the plaintiff being a successful businessman looking for companionship, and… Read more

Witness Immunity and Republication of Judgements

Witness Immunity and Republication of Judgements

I have on occasion received letters from parties involved in litigation that I have blogged about demanding that I remove the blog because of involving their name, however the law is clear that republication of a judgment without amendment or commentary that remains in force… Read more

Impeaching Witness Credibility

Impeaching Witness Credibility

The Supreme Court of Canada summarized the law relating to the impeachment of witness credibility in the rule in Browne v. Dunn in R.v Lyttle 2004 SCC 5 at paragraph 64: “The rule in Browne v Dunn requires counsel to give notice to those witnesses… Read more

Revoking a Grant of Probate

Revoking a Grant of Probate

Debsbiens v Smith Estate 2010 BCCA 392 discusses the concept of revoking a grant of probate, which typically involves one of two attacks, namely finding a defect in the process leading up to the grant of probate, such as failure to serve a beneficiary with… Read more

Striking Out Pleadings and Claims

Striking Out Pleadings and Claims

In Johnson v. Smith , 2018 BCSC 836, the entire plaintiff’s claim was struck out on the basis that it was confusing, difficult understand, unintelligible and failed to meet the requirements of Supreme Court Rule9-5(1) to inter alia disclose a reasonable claim. Rule 9-5(1) states:… Read more