In today’s blog, we discuss the recent case of Vespaziani v Lau, 2021 BCSC 1224, one of the first decisions to consider ICBC’s new, likely unconstitutional, three expert limit. Rather than bothering you with superfluous commentary, we rely heavily on the Trial Judges comments.

In the construction of wills, the court’s primary purpose is to determine the intention of the testator (aka the will-maker). It is well settled law that the intention of a testator must be gathered from the language of the entire will, construed as a whole. It is only when the testator’s intention cannot be arrived at with reasonable certainty, by giving the natural and ordinary meaning to the words which he/she has used, that resort is to be had to the rules of construction which have been developed by the courts in the interpretation of other wills

A Canadian subpoena has no force or effect on US Citizens presently residing in America.

As lawyers, it is important for us to advocate our client’s rights while always remaining objective. Objectivity - not pride, ego, vigor, greed, etc. - is the lawyers’ ‘sun’, whereas emotions are a lawyer’s ‘kryptonite’. Lawyers must balance the costs of litigation, with the merits of their client’s position. This is most true in cases involving family.

The reason for the adjournment can therefore be attributed to the defendants’ choice to delay conducting their examination for discovery of the plaintiff until February 25, 2021, about two months prior to the trial date, leaving very little time for follow-up document discovery. A trial date set for a case should not be adjourned simply because one side chooses to unduly delay discovery procedures, thereby limiting the time available for further discovery procedures.

TRI-CITY LEGAL does not treat a will like a slice of Pepperoni or Hawaiian as opposed to online and virtual services.

Pleading undue influence places the burden of proof on the Beneficiary to confirm there was no such influence. TRI-CITY LEGAL has extensive experience prosecuting Undue Influence claims and can assist anyone that may have been disinherited due to suspicious circumstances: examples of such circumstances include, but are not limited to, the following:

-when the unequal transfer of the will-maker’s property occurs a short-time before his/her passing; and/or

-when the will-maker’s first Will is amended, unequally dividing the will-maker’s estate/assets/funds a short-time before his/her passing.

Another great achievement from a son of Port Coquitlam and the Tri-Cities: SEAN GUISEPPI named Vice President.

Sexual assault/abuse victims have a legal right to sue the defendant, anonymously.

In Levi‑Bandel v. McKeen, 2011 BCSC 247, Mr. Justice Butler, then of this court, held that where the administration of an estate has “been brought to a standstill by the inability of co‑executrixes to carry out their duties, it is imperative that the court act to resolve the stalemate for the benefit of the beneficiaries.” I have concluded that the administration of this estate cannot move forward because the two administrators are intractably opposed to one another over most things that have to do with their late mother and her estate, as are the two camps of the family. In my view, this administration of this estate will not conclude and the assets of the estate will be consumed by the costs of this warfare unless both administrators are removed and a neutral administrator appointed.

Three (3) why you need an Estate Litigation Lawyer: have you been left out of your parent’s Will or left a smaller percentage of their Estate? Know, you have legal rights and recourse.

Nine (9) Factors to help you host a legally safe party be it at a bar, restaurant, or home.