The court declared the plaintiff a vexatious litigant and awarded special costs after repeated, unfounded litigation over a probate dispute, while finding summary trial unavailable.
The Court of Appeal varied an estate litigation order, holding that a consent order waived privilege over estate accounting and fee amounts, but not legal advice in invoices.
The Supreme Court of British Columbia dismissed Ms. Shen’s action for want of prosecution after finding inordinate, inexcusable delay, prejudice, and non-compliance with court orders.
Summary trial concerning a property transfer, resulting trust, unjust enrichment, and WESA standing. Judgment was granted for the defendants, dismissing all claims.
The court held that the administrator had to account from the date of appointment only and was not required to give further pre-appointment disclosure absent evidence of misconduct.
The court concluded there is insufficient evidence to effect an equal division of the 28‑acre property or to determine that acreage is equal in value or can be subdivided without prejudice; therefore immediate conveyance of a one‑half interest and an order requiring the trustee to fund the applicant's proposed survey are denied. The trustee, as appointed, must obtain necessary information and exercise discretion to protect estate beneficiaries; the matter is adjourned for further evidence and review before any division is ordered.
The insurer's application under s.217 of the Insurance Act was granted: policy proceeds were to be paid into court and held in an interest-bearing account pending further order because there was no determination disentitling the beneficiaries, beneficiaries are prima facie entitled to interest on funds they will be entitled to, and concerns about tax clearance and probate fees do not justify holding funds in a non-interest bearing account or refusing payment into court.
The court found the Foundation held 20 voting shares, ordered recognition of James and Sidney’s share interests, and granted oppression relief against Eleanor.