Probate Litigation

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

When Do Spouses Separate?

Dixson v Moss 2023 BCSC 1248 discussed the law relating to a contested claim as to when the spousal parties separated. The date of spousal separation can be very important

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

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