Supreme Court Rule Procedures
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
Petitions and Triable Issues
Some types of claims must be brought by petition- proving a will in solemn form and partition and sale are two examples. Generally speaking if the petition was opposed it
Adding a Party to An Action Rule 6-2 (7)
The following excerpt on adding a party to an action is taken from Santos v Santos estate 2023 BCSC 1067 In Alexis v. Duncan, 2015 BCCA 135, the Court of
Marshalling Evidence In Estate Litigation
This Paper Was Presented at trial lawyers Conference on June 9,2023 Estate Litigation is Family Law Less One Witness Estate litigation encompasses many different proceedings, ranging from wills variation, to
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
If Order Entered, Judge Is “Functus Officio”
Once an order is entered the judge is thereafter ” functus officio” and cannot change the order unless there has been a ” slip” or the order does not express
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
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
Pleading a Cause of Action
In order to disclose a cause of action, a notice of civil claim must not simply name that cause of action, but also set out the elements of that cause