Jury v. Rogodzinski

Jury v. Rogodzinski

Leave to cross-examine was denied because the disputed affidavit material was not shown to be relevant to any substantive issue before the court (only to credibility), the date issue could be addressed by other means, and ordering attendance would produce unreasonable delay by taking time from a scheduled one-day...

Source-derived case information.

Citation
2021 BCSC 2226
Parties
Petitioner (as Executor of the Estate of Glen Philip Cawthra): Tammy Darlene Jury; Respondent: Brian Benjamin Rogodzinski; Respondent: Michael Lawrence Rogodzinski; Respondent: Earl Bradley Rogodzinski; Respondent: Tammy Darlene Jury
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 June 2021
Procedural Posture
Estate Administration Petition / Chambers Application for Leave to Cross Examine on Affidavit (application Dismissed)
Outcome
Application dismissed
Legal Topics
Leave to Cross Examine on Affidavit, Affidavit Credibility, Service of Process, Executor Removal, Case Management and Delay
Source Language
english
Estate Law Civil Procedure Evidence Leave to Cross Examine on Affidavit Affidavit Credibility Service of Process Executor Removal Case Management and Delay

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Summary, issues, holding and outcome

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Parties

Tammy Darlene Jury

Petitioner (as Executor of the Estate of Glen Philip Cawthra)

Brian Benjamin Rogodzinski

Respondent

Michael Lawrence Rogodzinski

Respondent

Earl Bradley Rogodzinski

Respondent

Tammy Darlene Jury

Respondent

Procedural Posture

Estate Administration Petition / Chambers Application for Leave to Cross Examine on Affidavit (application Dismissed)

Legal Issues

  1. 1 Whether leave should be granted to cross-examine the petitioner on parts of her affidavit
  2. 2 Whether alleged false affidavit warrants disqualification of the petitioner as executor
  3. 3 Whether the affidavit evidence is relevant to the issues before the court or only to credibility

Ratio Decidendi

Leave to cross-examine was denied because the disputed affidavit material was not shown to be relevant to any substantive issue before the court (only to credibility), the date issue could be addressed by other means, and ordering attendance would produce unreasonable delay by taking time from a scheduled one-day hearing.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Leave to cross-examine the petitioner on her affidavit is denied