Estate Litigation Basics 2018

Course Date: April 13, 2018

Total: 5h 47min

Welcome and Introduction 

Lauren Blake — Legacy Tax + Trust Lawyers, Vancouver

View from the Bench

The Honourable Madam Justice D. Jane Dardi — Supreme Court of BC, Vancouver

Commencing an Estate Litigation Claim

• fundamental principles on drafting pleadings
• proof in solemn form claims
• tailoring litigation under Rule 25-14 of the Civil Rules

M. Scott Kerwin — Borden Ladner Gervais LLP, Vancouver


Evidentiary Issues in Estate Litigation

  • admissibility of the deceased statements
    • what types of statements are admissible?
    • for what purposes may the decease's statements be admissible?
  • expert psychological and medical evidence
    • for what purposes are clinical records admissible
    • what are the requirements for opinion evidence?

Stanley Rule — Sabey Rule LLP, Kelowna

Family Law and Estate Disputes

• the interplay between property division claims and estate litigation
• the impact of support claims on estate litigation
• who is a spouse?

Anna Laing — Farris, Vaughan, Wills & Murphy LLP, Vancouver

Under the Covers

• claims and activities that the LSBC insurance program compulsory policy covers
• risks the compulsory policy doesn’t cover, such as trust shortages caused by fraudsters and thieves
• commercial liability insurance products that help protect you from those risks

Coran Cooper-Stephenson — Claims Counsel, Lawyers Insurance Fund, Vancouver
Maryanne Prohl — Claims Counsel, Lawyers Insurance Fund, Vancouver

Networking Lunch (Provided)

Recent Trends in Wills Variation Claims

• how are independent adult children viewed?
• how binding is a marriage agreement?
• costs

Amy A. Mortimore — Clark Wilson LLP, Vancouver

Curing Deficiencies

• WESA section 59 - rectification
• WESA section 58 - curing deficiencies
• section 58 - notable cases
• executor’s duties with respect to testamentary documents and wills that require rectification

Kimberly A. Kuntz — Norton Rose Fulbright Canada LLP, Vancouver


Civility Among Estate Litigators

• a lawyer’s obligation to be civil and respectful
• civility in the litigation process
Groia v. Law Society of Upper Canada

E. Jane Milton, QC — Norton Rose Fulbright Canada LLP, Vancouver

Tips for Achieving Successful Mediation Outcomes

• client preparation
• understanding the relationship dynamics
• exploring creative outcomes
• overcoming barriers to settlement

The Honourable Sandra K. Ballance — Mediator, Vancouver
Colleen Cattell, QC, C. Med. — Mediator & Arbitrator, Vancouver & Victoria