Probate Litigation
Previous Wills Ordered Produced
In DeContiis v DeContiis Estate 2023 BCSC 2163 , a wealthy father of seven boys did six wills between 1997 and 2009 which the plaintiff sought to be produced in
Examinations For Discovery and Their Limits
Brown v Fisher 2023 BCSC 2070 dealt with an application in a motor vehicle accident case to compel a party to answer various questions at an examination for discovery. The
Judicial Discretion and Appeals From It
Kish v Sobchak 2016 BCCA 65 deals with the court’s exercise of judicial discretion and when it is appropriate for an appellate court to interfere in the trial judge’s exercise
BC Lawyer-Disinherited. When Do Spouses Separate?
Trevor Todd and Jackson Todd have been doing contested estate disputes for over sixty combined years, including acting for separeted spouses. Dixson v Moss 2023 BCSC 1248 discussed the
Severance of a Trial
In civil suits severance refers to the division of a trial into two or more parts. Plaintiffs in civil suits base their cases on a cause of action—facts that give
Applications for Extension of Time to Appeal
In accordance with R. 6(2) of the Court of Appeal Rules, B.C. Reg. 120/2022, is required to file and serve a notice of appeal not more than 30 days after
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
Admissibility of Expert Opinion Evidence
The law governing admissibility of expert opinion evidence stems from the Supreme Court of Canada’s decision in R. v. Mohan, [1994] 2 S.C.R. 9, 1994 CanLII 80,
Testimonial Competence
Karrington v Morrisonn 2023 BCSC 570 dealt with the thorny issue of testimonial competence. The court appointed a litigation guardian for the personal defendant and then ordered that an examination
Factors In Assessing a Witness’ Testimony
The validity of a witness’ testimony depends on whether their evidence is consistent with the probabilities affecting the case as a whole and shown to be in existence at that