Production of Solicitor’s Files to Personal Representatives Part 2
Questioning Solicitor-Client Privilege in BC Courts & Canadian Law In Part 1 of this blog post, we began to review the decision of Stapleton v. Doe, 2017 BCSC 12 which is a recent decision of Master Wilson considering the application by a personal representative to compel production of a solicitor’s file. A brief summary of the facts is as follows: …Read more →
Production of Solicitor’s Files to Personal Representatives Part 1
Wills Exception to Solicitor-Client Privilege in BC Courts & Canadian Law Solicitor-Client privilege is a crucial and bedrock aspect of the law in Canada and much of the world. However, even when a client has died and there is litigation with respect to their Estate, solicitors may be reluctant to produce their former client’s file. In the recent decision of …Read more →
Applying the ‘Arm-Chair Rule’ in Estate Litigation
Interpreting a Will in BC Courts One of the most challenging (and potentially) fascinating aspects of Estate Litigation is that Courts are often required to make factual determinations about the intentions of the Deceased where the only person who knows the truth is dead. Under the Wills, Estates and Succession Act, Courts in British Columbia have the power to both …Read more →