Publication Bans | Disinherited Vancouver Estate Litigation

Publication Bans

Toronto Star Newspapers Ltd v Sherman Estate  2018 ONSC 4706 involved the sensational murder of two wealthy Torontonians where the courts weighed the deleterious effects of applying publication bans to protect files. The court concluded that any deleterious effect of a publication ban was substantially… Read more

Money Paid By Mistake (Money Had and Received) | Disinherited

Money Paid By Mistake (Money Had and Received)

Newman v Beta Maritime Ltd 2018 BCSC 1442 discussed the situation where money “had and received” is a cause of action which is available where money was paid by mistake, acquired by way of fraud or paid under duress. The issue of the law relating… Read more

Probate Fees and Capital Gains Taxes | Disinherited Vancouver

Probate Fees and Capital Gains Taxes

Re the Estate of Wilma Bouma 2018 BCSC 1466 involved in application brought by the administrator of the estate of the deceased for an order pursuant to section 2(4) of the Probate Fee act to increase the declared value as of death from $211,300-$315,000. The… Read more

Security For Costs Applications

Security For Costs Applications

Parmar v. Timothy Hunstsman Law Corp. 2018 BCSC 1151 involved a successful application by the defendant that the plaintiff post security for costs for the court action brought by the plaintiff, who lived in Illinois and had no assets in the province of British Columbia…. Read more

Admissions and Notices to Admit

Admissions and Notices to Admit are covered by rule 7-7 of the Rules of Court. A Notice to Admit is a very powerful and useful tool in civil litigation. Rule 7-7(1) relates to Notices to Admit and states as follows: 1) in an action which… Read more

Judicial Recusal | Disinherited Estate Litigation Vancouver

Judicial Recusal

The issue of judicial recusal recently made the British Columbia media when a provincial court judge appeared to have shed tears while hearing a victim impact statement prior to sentencing the accused.The defense counsel made a motion for the judge to recuse herself, which she… Read more

Production of Documents: Court Ordered Affidavit to Verify | Disinherited

Production of Documents: Court Ordered Affidavit to Verify

Grandmaison v Berkenbos 2018 BCSC 1329 reviewed the law relating to when a court will order an affidavit to verify the legal test for the court to order an affidavit verifying the production of a list of documents. The trial lasted 165 days, and involved… Read more

No Ademption of Gift in Will | Disinherited Vancouver Estate Litigation

No Ademption of Gift in Will

Re Wood Estate 2004 BCCA 556 at para. 1 describes the doctrine of ademption as “ a rule of the law of wills, whereby a specific bequests “adeems” or fails, if at the testator’s death the specified property is not found among his or her… Read more

25 Tips for Drafting a Will | Disinherited Estate Litigation Vancouver

25 Will Drafting Tips

1. Take your time. Be cautious. Seriously consider charging your actual time on a Wills file. If your client objects, then educate the client about the amount of time needed to prepare a Will so as to ensure that the client’s lifetime accumulated wealth will… 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

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

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

Enforcing/Interpreting Settlements

Enforcing/Interpreting Settlements

Walsh v Walsh 2018 BCSC 199 deals with an application to interpret or give effect to a settlement agreement, that unfortunately the parties could not ultimately agree upon. While lawyers typically strive to settle court actions, as well as have an ethical duty to do… Read more