Supreme Court Rule Procedures

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

Converting a Petition to an Action

Kerfoot v Richter 2018 BCCA 238 reviewed the law relating to the test on an application to convert a proceeding brought by petition to an action. The petitioner’s application to

Certificates of Pending Litigation (CPL)

Lipskaya v Guo 2020 BCSC 2090 canceled a certificate of pending litigation registered against the property where the owner was indebted to her for arrears of child maintenance. The court

Video Evidence Is Admissible

In the past several years there has been a great increase in the receipt and admissibility of video evidence in civil litigation, as the necessary technology has improved and become
Secret Recordings Admissible

Secret Recordings Admissible

Contrary to what many believe, it is not illegal for a person to secretly record a private conversation to which that person is a party and therefore consents to the
Converting a Petition to an Action and Trial

Converting a Petition to an Action and Trial

Re Cameron 2020 BCSC 157 discusses the test to convert a petition to an action and to refer the matter to the trial list. Under the Supreme Court rules many
Summary Trial Dismissed as "Unjust"

Summary Trial Dismissed as “Unjust”

Silbernagel v Olynnyk 2019 BCSC 1821  dismissed a summary trial application in the context of Rule 9-7(15) (a) (11) on the basis that it would be “unjust” to decide the
Self Represented Litigants

Self Represented Litigants

Any litigation lawyer will vouch for the fact that dealing with self- represented litigants can be extremely frustrating. In fact dealing with self represented litigants can be so difficult that
Self Represented Litigants

The Rising Trend of Self Represented Litigants

The Ontario Court of Appeal in Moore v Apollo & Beauty Care 2017 ONCA 383 discussed the increasing trend of self  represented litigants appearing before the courts. Self represented litigants
Court Directions

Court Directions

Biely Estate v CNIB 2017 BCSC 788 involved an application for Court directions to be followed with respect to three competing wills of a deceased. The application was brought pursuant