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
Trusts Basics
A trust arises where one party (the trustee) holds the title to property for the benefit of another (the beneficiary). An express trust is a trust that has been intentionally
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
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( 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