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The court upheld Arthur Stevens’s 2019 will, set aside the later transfer of his property interest to Patricia Esak, dismissed Esak’s tort claims, and ordered sale of the property.
The court held British Columbia had territorial competence over the estate dispute and declined to stay the petition in favour of Alberta.
The court refused to sever a family trial over a separation agreement, ordered limited disclosure from related litigation, and granted additional discovery time.
Court declined to reopen retroactive support orders, imputed higher income from 2020 onward, set revised child and spousal support, and kept contempt relief conditional.
The court stayed a petition for sale of church property, finding the dispute fell within a 2005 co-ownership agreement’s arbitration and transfer provisions.
The court varied a will under British Columbia’s Wills Variation Act, finding inadequate provision for the surviving spouse and awarding a $300,000 lump sum.
The court refused leave under s. 151 WESA to sue on behalf of the estate, finding no arguable case of undue influence or non est factum and dismissing the petition.
The motions judge correctly applied the summary judgment framework and issue estoppel principles; the prior will-proving decision did not govern the distinct factual and temporal issues concerning each beneficiary designation, there was no evidence of the instructions or execution circumstances for the designations, capacity is a time‑specific factual determination and therefore a material issue of fact remained; appeal dismissed and lower decision stands.
Source excerpt
The court construed Wayne Stanley Ast’s 2000 will and held that the gift of 1090 McKenzie Road passed only his one-quarter interest in the property.
The court held that the Loan Amending Agreement required Librico to accept the Lot A transfer and credit $3.1 million if payment was not made by August 31, 2014.
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