Legal Definitions and Terms

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( 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

The Difference Between a Mirror Will and a Mutual Will

In my experience, there is a lot of confusion amongst the public as to the difference between a mutual will and a mirror will, with the latter often being mistaken

Standing in Partition – Possessory Interest Required

Pallot v Douglas 2017 BCCA 254 dismissed an appeal and held that the appellant did not have standing to apply for partition of a leasehold interest in trust property owned

Court Approval of a Sale

The test to be established by a party seeking approval of sale is whether the sale is provident and the sale was conducted in a business-like manner, as noted in

Alter Ego Trusts

Alter ego trusts are increasingly being used an an estate planning tool for those over 65 years of age. From the perspective of they are typically used by parents
Striking Out Claims, Pleadings, Petitions or Other Documents

Striking Out Claims, Pleadings, Petitions or Other Documents

Parmar v Sidhu 2022 BCSC 1359 reviewed the law relating to striking out claims, pleadings, petitions or other documents. Rule 9-5(1) states: At any stage of a proceeding, the court