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The court held that Zofia Rymgaillo lacked testamentary capacity when she made her 2012 will and declared the will invalid, denying proof in solemn form.
The court found an oral loan agreement between close friends, admitted supporting hearsay evidence, rejected the gift and limitation defences, and awarded the plaintiffs $85,322.51 plus interest and costs.
The British Columbia Court of Appeal dismissed Baranec’s and Bahia’s appeals, upholding the Mr. Big confession rulings, severance denial, and jury instructions.
Appellants failed to demolish the Minister's pleaded assumptions that pharmaceuticals associated with the CHT program were never owned or transferred by KP Innovispharm/CHT and that the certificates were not evidence of ownership; therefore there was no sufficient act of delivery and no common-law in-kind gifts — in the CGI case the program valuations were unreliable and FMV for the donated pharmaceuticals did not exceed $1,759.80; Morrison's 2004 cash donation of $15,350 was a genuine gift and entitles him to the charitable donation tax credit.
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The court sentenced Robert McMillan to 18 months consecutive imprisonment for criminal contempt after he refused to be sworn and testify at trial.
Application for judicial interim release pending appeal dismissed after a second-degree murder conviction; the court held detention remained necessary in the public interest.
A probate dispute over Albert Stephens’s estate. The court rejected claims of undue influence and upheld both the will and codicil, dismissing the action.
The Court of Appeal for British Columbia denied judicial interim release pending appeal in a first-degree murder case, finding the public-interest test in s. 679(3) was not met.
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