Converting a Petition to an Action | Disinherited Vancouver

Converting a Petition to an Action

Re Berkenbos Estate 2018 BCSC 1661 involved in application to revoke the issuance of a grant of probate and for an order that the revocation application be converted from a petition into an action. The court granted both orders. The deceased and her husband were… Read more

Extending the Counter Claim Deadline | Disinherited Vancouver

Extending the Counter Claim Deadline

Syukur v Yeh 2018 BCSC 1826 deals with the time dead lines to file a counterclaim and the rules of court relating to the exercising of the court’s discretion to extend the time for filing. Pursuant to rule 3-4(1) the counterclaim should have been filed… Read more

Partial Summary Judgement Refused In Limitation Defence

Partial Summary Judgement Refused In Limitation Defence

Barberio estate v Da Costa 2018 ONSC 6144 is an Ontario Supreme Court decision that refused to grant partial summary judgment on the matter relating to a limitation defence on the basis that credibility assessments and factual findings in limitation defenses need to be made… Read more

Amendment of Pleadings | Disinherited Estate Litigation

Amendment of Pleadings

Stewart v Stewart 2018 BCSC 1266 discusses the law relating to the amendment of pleadings. The plaintiff applied to amend his notice of civil claim three months before the scheduled trial. The court followed its usual generous approach to granting leave in keeping with the… Read more

Summary Dismissal-Rule 9-6 (5) | Disinherited Vancouver

Summary Dismissal-Rule 9-6 (5)

Copytrack Pte Ltd v Wall 2018 BCSC 1709 reviews the law relating to summary dismissal of a claim pursuant to Rule-9-6(5) of the Supreme Court Rules of Court. Rule 9-6 (5) provides: 5) on hearing an application under sub rule to or four, the court… Read more