Probate Litigation

Adverse Inferences

656621 BC Ltd v David Moerman Painting 2022 BCSC 1683 discussed the adverse inference discretionary rule of evidence that permits the Court to draw an adverse inference against a party

Alter Ego Trusts

Alter ego trusts are increasingly being used an an estate planning tool for those over 65 years of age. From the perspective of disinherited.com they are typically used by parents

Debts Owed By Beneficiary Must Be Accounted For

Re Kolic Estate 2022 BCSC 1527 reviewed an equitable principle in the distribution of an estate , that an indebted beneficiary of the estate must first bring his or her
Non Disclosure Leads to Adverse Inference

Non Disclosure Leads to Adverse Inference

Sarzynick v Skwarchuk 2021 BCSC 443 held that the defendant who was found to have strategically refused to disclose and produce financial documents could be held to an adverse inference
Medical Records Admissibility and the Remoteness of Time

Medical Records Admissibility and the Remoteness of Time

Re Gibb estate 2021 BCSC 2461 involved inter alia the admissibility of medical records in  S. 58 WESA application to remedy a will that a lawyer prepared, reviewed by telephone
Striking Out Claims, Pleadings, Petitions or Other Documents

Striking Out Claims, Pleadings, Petitions or Other Documents

Parmar v Sidhu 2022 BCSC 1359 reviewed the law relating to striking out claims, pleadings, petitions or other documents. Rule 9-5(1) states: At any stage of a proceeding, the court
Reconsideration of a Court Decision

Reconsideration of a Court Decision

The court in Re Grace Estate 2022 BCSC 1283 reconsidered it’s decision prior to entry of the order as a result of a binding series of authorities that were not
The Admissibility of Medical Records

The Admissibility of Medical Records

Re Gibb Estate 2021 BCSC 2461 outlined the law relating to the admissibility of medical records. While medical records are generally admissible, the court refused to do so in Gibb
Testamentary Capacity and Knowledge and Approval of a Will

Testamentary Capacity and Knowledge and Approval of a Will

Nassim v Healey, 2022 BCSC 402 at para. 44 summarized the rules regarding the burden of proof relating to testamentary capacity, and knowledge and approval . The rules regarding the
Court Invokes Parens Patriae in Patients Property Application

Court Invokes Parens Patriae in Patients Property Application

Re Binder (Patients Property Act) 2022 BCSC 990 utilized the parens patriae jurisdiction of the Supreme Court to overcome a problem in the Patients Property Act with respect to the