Estate Litigation

Elder law and incapacitated Adults
December 13, 2016

Estate Litigation

  • Unger v. Unger, 2015 BCSC 1408 (CanLII) — 2015-08-13
    • An appeal of a Masters order seeking to dismiss a family law action which was related to associated Wills Variation Litigation for want of prosecution on the basis that the file had not been prosecuted in a timely manner.
  • Unger v. Unger, 2015 BCSC 348 (CanLII) — 2015-02-19
    • An application to dismiss Family Law Proceedings for want of prosecution on the basis that the action was not prosecuted in a timely manner and that the claims were more appropriate in a wills variation action.
  • McBeth v Kearns BCSC 2015-04-15 PDF
    • A successful application to enforce a settlement agreement bringing an end to 12 years of estate and family litigation and awards costs against the Plaintiff. In enforcing the Order the Court dismissed the Plaintiffs allegations of unilateral mistake The party seeking to set aside the agreement must demonstrate the other party was aware of the mistake knew it to be a fundamental term of the agreement and took advantage of the mistake” The Court found that disclosure was complete and the plaintiff’s allegations were without rational basis.