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Last checked: 25 Oct 2026, 19:42 UTC

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7 Mar 2025

Wills and estates 2025 BCCA 64

Walker v. Walker

Court: British Columbia Court of Appeal

The Court of Appeal dismissed an appeal under WESA s. 151, upholding refusal of leave to sue the executrix, refusal to remove her, and refusal of fresh evidence.

Leave to commence proceedings under wesa s.151
Removal of executor
Breach of fiduciary duty
Undue influence
Fresh evidence admissibility
Standard of review on leave applications

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24 May 2022

Wills and estates 2022 BCCA 176

Hoggan v. Silvey

Court: British Columbia Court of Appeal

Courts of Appeal dealt with executor removal and leave under WESA s. 151. Leave to sue was granted in part, while removal of the executor was refused.

Removal of executor
Leave to commence proceedings under wesa s.151
Accounting and tracing
Undue influence
Derivative action analogy
Wills-and-estates

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20 Jun 2018

Wills and estates 2018 BCSC 1018

Fry v. Fry

Court: Supreme Court of British Columbia

The court refused leave under WESA s. 151 to bring estate claims over disputed Eddystone Property proceeds, finding the evidence too speculative.

Leave to commence proceedings under wesa s.151
Beneficiary derivative claim
Accounting and passing of accounts
Executor removal/replacement
Tracing and misappropriation
Costs risk assessment

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Walker v. Walker

Hoggan v. Silvey

Fry v. Fry