Probate Litigation
Reopening a Trial
Shen v Chan BCSC 2514 is an example where a plaintiff lost at trial and attempted to reargue and reopen the case before the same judge rather than appealing the
Admissibility of Medical Records
Many types of estate litigation cases such as testamentary capacity, undue influence, committee applications and others rely on medical evidence, which is typically initially obtained from medical records that are
S. 43 WESA- Gifts to Will Witnesses or Their Spouses
S. 43 WESA- Gifts to Will Witnesses or Their Spouses Prior to the introduction of WESA on March 31, 2014 the law was clear that the court had no discretion
Limitation of Actions- New Rules
The Supreme Court of Canada in Grant Thornton LLP v New Brunswick 2021 SCC 31 provided new guidelines for when a plaintiff discovers or should have discovered that a claim
Dismissal of a Court Action For Delay
Dismissal of a court action for inordinate delay ( want of prosecution) requires four criteria: 1) Has there been an inordinate delay; 2) Is the inordinate delay inexcusable; 3) Has
Redacting Relevant Documents
Redacting relevant documents is often attempted by litigants who wish to edit out irrelevant or embarrassing portions of a document disclosed or demanded in the litigation process. The issue was
Adverse Inferences- Under Utilized?
Govorcin Fisheries v Medanic Fisheries 2021 BCSC 1092 reviewed the principles relating to adverse inferences for failure to call certain witnesses or evidence without valid explanation. It is a principle
Courts Refuses Production of Computer Hard Drive
In a long running matrimonial dispute the court in Etemadi v Maali 2021 BCSC 1003 refused to order the defendant to produce her computer hard drive to her husband. A
Security For Costs of $150,000 Ordered
The court in Global Chinese Press Inc ( Global) v Zhang et al 2021 BCSC 999 ordered Global to post security for court costs in the amount of $150,000 within
Renewal of a Notice of Claim
Gill v Basic 20212 BCSC 875 dealt with the renewal of a Notice of Claim without notice to the defendants. In Gill the Notice of Claim had expired 8 months