WESA and Jurisdictional Challenges – Part 2
In the first part of this Blog, we discussed the decision of Mr. Justice Cole in Cresswell v. Cresswell Estate, 2017 BCSC 178 where the Court was faced with an application by the Defedants in this matter for an Order that the Supreme Court of British Columbia did not have the jurisdiction to hear the matter or in the alternative …Read more →
WESA & Jurisdictional Challenges – Part 1
One of the issues that is arising frequently in Estate Litigation is questions regarding the appropriate jurisdiction for where a claim should be litigated. When a deceased person has assets in multiple provinces, the location of the litigation can be particularly significant given that the Wills Estates and Succession Act here in British Columbia provides wider discretion for wills variation …Read more →
Making Sense of Mediation in Estate Litigation – Part 2
In the first part of this blog, we considered three specific benefits to using mediation in Estate Litigation. 1) Control of the process; 2) The Opportunity to be heard; and 3) Privacy of the Process. Mediation is a form of alternative dispute resolution whereby the parties meet outside of Court in a without prejudice setting …Read more →