Document Production Litigation

Document production in litigation in BC is now under the new rules in effect since 2010 to initially only producing documents necessary to prove a material fact. The new rule for production of documents was discussed in Biehl v Strang 2010 BCSC 1391 Rule 7-1(1)… Read more

Setting Aside a Default Judgement

Miracle Foods v. D&H Enterprises Ltd.  1979] B.C.J. No. 1965, 10 B.C.L.R. P 58. Establishes a four part test for setting aside a default judgement. A default judgement is obtained when the plaintiff properly serves a defendant with a Petition or a Notice of Claim… Read more

Adverse Inference

Bronson v Hewitt 2010 BCSC 169 reviewed the law of adverse inference, which probably is not utilized as much by counsel as they could. It typically arises when a key witness who would normally be expected to testify, does not. Adverse Inference [323] The plaintiffs… Read more

Section 58 WESA – Journal Not a Will

Re Hadley Estate 2016 BCSC 765 held that an unwitnessed  journal entry written by the deceased in her daily entry and stated to be  ” my last will”  will, was not in fact her last valid will under the curative provisions of section 58 WESA. The… Read more

Section 46 WESA and Lapsed Gifts

Section 46 WESA deals with the lapsed gifts in wills often caused by poor will drafting ,  failure by the parties to properly consider what the future may bring , or the beneficiary predecaesing, any of which results in   disappointed beneficiaries not receiving the intended gift.   Instead… Read more

The Bogus Expert

A bogus expert was recently discussed in a sexual assault appeal,  JP v BG 2016 BCCA 91 , when the Court labelled a bogus expert report as a” fraud on the court”. The so called expert was in fact a recipient of a “diploma mill” and… Read more

Joint Tenancy Severed By Trust

  A  joint tenancy of co owed property was severed by the signing of a trust agreement by one of the co owers held the BC Curt of Appeal in  Public Guardian BC v Mee 1972 WWR 424 .   The respondent was the joint tenant with… Read more

Consolidation of Court Actions

Consolidation of Court Actions It is not uncommon that two estate cases are commenced at the same time that relate to the same estate, and in such situations an order is often made for consolidation of the court actions or alternatively, that they be heard… 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

Court Costs Summarized

LeClair v Mibrella Inc. 2011 BCSC 533  summarized the law of court costs  and it  was recently re cited in Parmar Estate v Tiwari 2016 BCSC 540: costs represent an important instrument by which courts can either promote or, conversely, sanction given conduct. Rule 14-1(9)… 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

Passing Over – Removing An Executor

Special circumstances sometimes occur where it is appropriate for the Court to Pass Over the named executor in favour of another  which effectively removes the named executor In Re Thomasson Estate, 2011 BCSC 481 the court Passed over the named executor by reason of personal conflict… Read more

WESA Will Framework

The statutory framework of WESA ( Estates, Succession and Wills act) was set out in British Columbia v Sheaffer 2015 BCSC 1306 where the court held that an improperly executed  will  prior to the enactment of WESA on March 31, 2014 could not be rectified by the… 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