Supreme Court Rule Procedures
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
Who to Sue in a Wills Variation Claim
Rule 21-6(1) and (2) of the Supreme Court Civil Rules read as follows: 21-6 (1) A proceeding under section 60 of the Wills, Estates and Succession Act must be started
Examination For Discovery Limited to 7 Hours
Pacific Granite v Jacob Construction 2022 BCSC 2141 refused an application for 4 additional hours of time to examine the opposing party for further examination for discovery. An examination for
Social Media Can Be Compelled- Beware
I am sure that many trial lawyers have experience in obtaining damaging photos or information against the “opposition” from social media . People are amazingly loose lipped and brazen about
The Importance of Pleadings
Pleadings are important. They delineate the issues between the parties and inform the opposing party of the nature of the case they have to meet. Pleadings prevent surprises at trial
Withdrawl of an Admission
Generally speaking in litigation it is a safe measure to initially deny everything and admit little until absolutely sure about making the admission, as it is difficult to withdraw it
Conduct of a Court sale
In Kainth v Brar 2022 BCSC 1552 the petitioner in a partition action brought an application for sole conduct of the sale of the property. The Court reviewed firstly it’s
Notice of Claim Struck for Tedious Length ( Prolixity)
Action4 Canada v BC Attorney General 2022 BCSC 1507 involved a 391 page Notice of Claim that was struck in it’s entirety for prolixity. The notice of claim was mostly
Re-Opening a Trial & Miscarriage of Justice
Cox v Swartz 2022 BCSC 1494 reviewed the law relating to re-opening a trial and the prevention of a miscarriage of justice if not allowed. The court has a broad
S.10 Law & Equity Act Used to Enforce Settlement
Binning v Gill 20922 BCSC 1479 reviewed the law relating to court applications to enforce settlements and relied upon S. 10 of the Law & equity Act to enforce a