Long Delayed Court Action Justified

An application for dismissal of the court action for want of prosecution was dismissed when the court found that the reasons for the 13 year delay of the court action was justified. The law relating to dismissal for want of prosecution was recently summarized in… Read more

Joint Venture Agreement

Leontowicz Estate v Bakus 2016 BCSC 601 dealt with the validity of a trust relating to mining stakes where it was argued that the deceased had entered into a Joint Venture Agreement that must be based on whether or not there is a binding contract… Read more

Expert Reports and Opinions

Many estate litigation cases involve the necessity of obtaining an expert opinion in the form of a written  report that summarizes the evidence that  the expert  will  and opinion give at trial. The expert must set out the factual assumptions and documents that were relied upon in… Read more

WESA Probate Delivery Rules

Re Davies estate 2014 BCSC 1233 deals with the WESA probate rules relating to the 21 day notice and proof of delivery of that notice. This blog will be of note to anyone applying for a grant of probate or administration as to the requirements… Read more

Reviewing a Tribunal’s Decision

Janzen v Society of Notaries 2015 BCSC 2485 dealt with the legal standard of a court in the review of a penalty pronounced by a professional society or tribunal, in this case the Notaries Public. A notary had been fined $5000 and a one month… Read more

Production of Social Media Documents

Social Media Documents Almost all trial lawyers scour social medial such as Facebook to find out more about the opposing counsel and parties and it is absolutely amazing what can frequently be found that is highly relevant to the court case. Even more amazing is… Read more

Admissibility of Non Disclosed Documents

Admissibility of Non Disclosed Documents Tran v Kim le Holdings Ltd 2011 BCSC 1463 dealt with the circumstances where the court will exercise its discretion to admitted into evidence documents that were not listed on a parties list of documents. During that trial a party… Read more

Discovery On Credibility Not Allowed

The issue of credibility in estate litigation is often raised as the stories between the conflicting parties are often so different that they are hard to reconcile in any way.   One of such credibility issues that sometimes occurs is the opposing counsel asking if… Read more

Public Policy Voids Homophobic Will

An Ontario judge in Royal trust Corp. of Canada v The University of Western Ontario et al 2016 ONSC 1143 has struck down a deceased doctor Priebe’s  attempt to set up university scholarships exclusively for white, single and heterosexual students, ruling the unusual stipulations clash… Read more

Enforcing Foreign Judgements

Ace Life Insurance Co. v Li 2015 BCSC 2533 held that a judgement against the defendant for $100,000 in Hong Kong as the personal representative of her late husband’s estate for court costs as the losing party in an action she brought on behalf of… Read more

Mediation Procedurally Trumps Summary Trial

In an unreported decision Rennie v Rennie Estate et al, Vancouver Registry S148333, Master Taylor decided  to postpone the hearing of a summary trial until a mediation was held between the parties pursuant to a notice to mediate that the plaintiffs had served. The court reviewed the… Read more

Without Prejudice and Blanket Privilege

Settlement negotiations are carried out in the world of litigation by the use of without prejudice offers of settlement that have what is known as blanket privilege in that they should not be disclosed to the court. An exception to this general rule is a… Read more

Summary Trial

Any party can apply under Rule 9 for either judgement in favour  the plaintiff or alternatively that the plaintiff’s claim be summarily  dismissed, all by trial by affidavits rather than “viva voce” evidence. A summary trial is governed by R. 9-7 of the Supreme Court Civil… Read more

Enforcing Settlements

It is not uncommon in estate litigation for the emotions of certain parties to melt down so that it is necessary to take steps for enforcing settlements.   I currently have a case where a settlement was made at a mediation between warring siblings aligned three… Read more

When Does the Limitation Period Commence?

  I am noting more defences to plaintiff’s claims are now pleading that the action has been brought out of time by reason of the limitation date.   Each type of claim has its own limitation date and for the purposes of this blog, I… Read more