Probate Litigation

Executor and Proving the Will In Solemn Form

When the validity of a will is in question, the propoundor of the will ( usually the executor) is often forced to prove the validity of the will in solemn

Administrator of Estate Can Commence Family Law Action

Weaver Estate v Weaver 2022 BCCA 79 clarified the law in British Columbia that an administrator of an estate of a separated and deceased spouse may commence a claim for
Public Court Access and Court Documents

Public Court Access and Court Documents

The courts have long held a policy of open courts including access to court documents. In Sherman Estate v. Donovan, 2021 SCC 25, the Supreme Court of Canada considered access
Reopen a Trial

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

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 to allow for gifts to a will witnesses or to

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