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 →
Hearsay Evidence in Estate Litigation
The law of evidence in British Columbia is nuanced and complex with varied exceptions to the myriad of rules. A general rule that has been that hearsay evidence is not admissible. Hearsay evidence is statements made outside of court which are presented in court for the trust of that statement. In Estate Litigation, questions regarding the admissibility of hearsay evidence …Read more →