Legal Definitions and Terms

Judge’s Cannot Be Sued In Their Capacity as a Judge

A retired judge I know recently read in the Sunday newspaper that he was being sued for $33 million for a decision he handed down back when he was still

Vancouver Estate Lawyer – Trusts Basics

Trevor Todd and Jackson Todd have over 60 years experience in handling contested estate matters including trusts. A trust arises where one party (the trustee) holds the title to property

Notices to Admit

One of the most powerful yet under utilized litigation tool is the  Notice to Admit. Civil Rule 7-7(14) reads in part: (1)  In an action in which a response to civil

15 Characteristics of a Narcissist

I have done several blogs on narcissism over the years, as it is a frequent attribute of many of the parties involved in estate litigation. Narcissists amongst other characteristics, have
Bring Action Against Estate

S. 151 WESA – Leave of the Court Required to Bring Action Against Estate

Under WESA leave of the court is required to commence legal proceedings in the name of a specified person and on behalf of the estate of the deceased person and

Stages of Progressive Dementia

Probably the most difficult area of estate litigation has to do with court actions such as lack of mental capacity to make a will, be financial responsible, make  a substantial
deliberate destruction of evidence

Deliberate Destruction of Evidence ( Spoilation)

The deliberate destruction of material evidence occasionally occurs in estate litigation. The technical term is spoliation. What does seem to occur on a somewhat regular basis in estate disputes is

Examination For Discovery Limited to 7 Hours

Pacific Granite v Jacob Construction 2022 BCSC 2141 refused an application for 4 additional hours of time to examine the opposing party for further examination for discovery. An examination for

Court Inherent Jurisdiction to Prevent Miscarriage of Justice

In Zant v Zant 2022 BCSC 2023 the Court exercised it’s inherent jurisdiction to prevent an abuse of court and miscarriage of justice. During temporary covid court rules, an imposter

Guarantee Claims

What Is a Guarantee? A useful definition of a guarantee is found in Western Dominion Inv. Co. v. MacMillan, [1925] 2 D.L.R. 442 (Man K.B.). Reduced to its simplest terms