Davy v. Davy, 2019 BCSC 1826

JurisdictionBritish Columbia
JudgeGomery
Citation2019 BCSC 1826
Date24 October 2019
CourtSupreme Court of British Columbia (Canada)
Docket NumberS98851
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4 practice notes
  • Young v. Veselic,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 2, 2022
    ...McMaster Estate at para. 134. I do not find that any of those factors exist here. [129]     In Davy v. Davy, 2019 BCSC 1826, the testatrix transferred joint title in her home to one of her sons. The court found the son had exerted undue influence. The mother was financia......
  • Kalanj v. Kalanj Estate,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 15, 2022
    ...on this summary trial.  Hearsay statements cannot be tested by cross-examination and are presumptively inadmissible: Davy v. Davy, 2019 BCSC 1826  at para. 26 [Davy]. However, the presumption of inadmissibility may be overcome if admission of the statement is necessary and the sur......
  • Woods v. Woods,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 30, 2022
    ...reversed on other grounds 2017 SCC 61; Royal Bank of Canada v. Hinds, [1978] 20 O.R. (2d) 613 (S.C), at para. 8; Davy v. Davy, 2019 BCSC 1826 at [67]       In the present case: a)            The contra......
  • Styres v. Martin, 2021 ONSC 1072
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 16, 2021
    ...the Property to the defendant was therefore not gratuitous. [86]        In the case of Davy v. Davy, 2019 BCSC 1826 (B.C.S.C.) Gomery, J. held at para. 92 that “a transaction is not gratuitous where the transferee contributed something of value to t......
4 cases
  • Young v. Veselic,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 2, 2022
    ...McMaster Estate at para. 134. I do not find that any of those factors exist here. [129]     In Davy v. Davy, 2019 BCSC 1826, the testatrix transferred joint title in her home to one of her sons. The court found the son had exerted undue influence. The mother was financia......
  • Kalanj v. Kalanj Estate,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 15, 2022
    ...on this summary trial.  Hearsay statements cannot be tested by cross-examination and are presumptively inadmissible: Davy v. Davy, 2019 BCSC 1826  at para. 26 [Davy]. However, the presumption of inadmissibility may be overcome if admission of the statement is necessary and the sur......
  • Woods v. Woods,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 30, 2022
    ...reversed on other grounds 2017 SCC 61; Royal Bank of Canada v. Hinds, [1978] 20 O.R. (2d) 613 (S.C), at para. 8; Davy v. Davy, 2019 BCSC 1826 at [67]       In the present case: a)            The contra......
  • Styres v. Martin, 2021 ONSC 1072
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 16, 2021
    ...the Property to the defendant was therefore not gratuitous. [86]        In the case of Davy v. Davy, 2019 BCSC 1826 (B.C.S.C.) Gomery, J. held at para. 92 that “a transaction is not gratuitous where the transferee contributed something of value to t......

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