Probate Litigation

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

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

Surreptitious Recordings Are Admissible

In C.C. v. S.P.R., 2022 BCSC 1057 [C.C.], the court considered the admissibility of surreptitious recordings. During the trial, the respondent who had made the recordings sought to adduce them,

Admission of Extrinsic Evidence in Wills Interpretation Post WESA

Zalechuk Estate 2023 BCSC 523 discussed the modern approach to wills interpretation post WESA. The Court’s power to rectify a will is found in s. 59 of the WESA: 59

Court Delay & Dismissal Want of Prosecution

Many court actions, including estate litigation  are commenced and then just ” sit there” often for years  such that  inordinate delay can occur. After certain criteria are met, typically the

The Admissibility of Hearsay Statements of a Deceased

It is a fact that estate litigation is rife with hearsay evidence, often “from” the deceased  and if certain criteria are met, such evidence is admissible. In Peterson v. Welwood,