Probate Litigation
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
Disposing of Human Remains
I was contacted about a matter related to the disposition of human remains as a result of an estranged spouse refusing to release the body to be disposed of in
Hand Alterations to Will Approved- S. 59 WESA
In an unopposed hearing Re Jamt Estate 2021 BCSC 788 the court approved hand written alterations to a will pursuant to S. 59 (1) (a) WESA. The deceased had fully
Adjournment of a Trial
The decision to adjourn a trial hearing is a discretionary one, governed by the interests of justice and necessitating a balancing of interests: Sidoroff v. Joe (1992), 76 BCLR (2d)
Legal Disability and Litigation Guardian
Stanford v Murad 2021 BCSC 130 dealt with a legal dispute involving a demented person who is likely under a legal disability, and thus required a litigation Guardian. The 89-year-old