Credibility: Who to Believe? | Disinherited Vancouver Estate Litigation

Credibility: Who to Believe?

Many court cases are decided on the issue of credibility. If the court does not believe one partie’s evidence then in all likelihood that party will lose. The law relating to credibility was reviewed in Yung v Three Good Friends Property Holdings Inc. 2018 BCSC… Read more

Appeal of Masters order

Appeal of a Master’s Order

Kalafchi v Yao 2015 BCCA 524 dealt with the standard of review on an appeal from a master’s order to a Supreme Court Judge. The appeal court rejected the argument that the standard of review in such cases should always be the “clearly wrong” test…. 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

Wills Drafting 101 | Disinherited Vancouver Estate Litigation

Wills Drafting 101

The cardinal rule of wills drafting is that there is no such thing as a “simple will.” There is a tendency amongst some wills practitioners to underestimate the difficulty of drafting a proper will. Many practitioners still seemingly believe in the myth of the “simple… Read more

Enforcing Settlements and Settler's Remorse | Disinherited

Enforcing Settlements and Settler’s Remorse

Sojka v Sojka 2018 BCSC 562 reviews the law with respect to enforcement of a settlement reached at a mediation where both parties were represented by counsel, and one party attempted to renege on the agreement by utilizing what the court regarded as “settler’s remorse.”… Read more

Registrar's Report Confirmation Hearings | Disinherited Vancouver

Registrar’s Report Confirmation Hearings

Narwal v Narwal 2018 BCSC 1561 discusses the law relating to approval of the registrar’s inquiry and recommendation by a Supreme Court judge in what is known as a confirmation hearing. It is a very common legal procedure to have matters involving such issues as… Read more

The Expert Witness | Disinherited Vancouver Estate Litigation

The Expert Witness

Grewal v Khakh 2018 BCSC 2055 discuss the cast for what constitutes an expert witness and followed the decision of the BC Court of Appeal in Regina v Kinnie (1989) 40 BCLR (2d) 369 as follows: “from this it is clear that so long as… 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

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

Cross Examination On An Affidavit | Disinherited Vancouver Estate Litigator

Cross Examination On An Affidavit

In HMB Holdings Ltd v Replay Resorts Inc 2018 BCCA 263 the BC Court of Appeal reviewed the law relating to cross examination on an affidavit. The authority to order cross examination on an affidavit is found in Rule 22-1( 4)(a) of the Supreme Court… Read more

What Constitutes Practicing Law | Disinherited Vancouver Estate Litigation

What Constitutes Practicing Law

Vogt v Scott 2015 BCSC 1725 reviews the essential elements of what constitutes the practice of law, as defined by the Legal Professions act. There has been much discussion recently in the United States as to whether Michael Cohen was acting as President Trumps lawyer… Read more

Subject to Financing Conditions

Subject to Financing Conditions

The BC Court of Appeal upheld the trial judge in Gordon Nelson Inc v Cameron 2018 BCCA 304 when it refused to imply a term in a real estate contract that the purchaser use “best efforts” to find suitable financing to remove the condition for… 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

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