McBride v. Voth et al., [2010] B.C.T.C. Uned. 443 (SC)
Jurisdiction | British Columbia |
Judge | Ballance, J. |
Court | Supreme Court of British Columbia (Canada) |
Subject Matter | FAMILY LAW,DAMAGE AWARDS |
Citation | [2010] B.C.T.C. Uned. 443 (SC),[2010] B.C.T.C. Uned. 443,2010 BCSC 443 |
Date | 01 April 2010 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
43 practice notes
-
LINES DRAWN IN BLOOD: A COMPARATIVE PERSPECTIVE ON THE ACCOMMODATION OF BLENDED FAMILIES IN SUCCESSION LAW.
...to public policy due to provisions discriminatory on the grounds of race). (110) See e.g. Tataryn, supra note 28; McBride v Voth, 2010 BCSC 443 at para 132. But see Spence v BMO Trust Company, 2015 ONSC 615, where the trial judge ruled that the exclusion of the testator's first daughter and......
-
McLellan v. McLellan Estate, 2011 BCSC 461
...145 as the leading authority, and such other cases as Clucas v. Clucas Estate (1999), 25 E.T.R. (2d) 175 (B.C.S.C.) and McBride v. Voth , 2010 BCSC 443, 6 B.C.L.R. (5th) 328 that have summarized, applied and explained Tataryn . [123] In Clucas , Satanove J. summarized the law as follows: 12......
-
Peterson v. Welwood, 2018 BCSC 1379
...children. In that sense and to that degree only, testamentary autonomy will be curtailed by the application of the WVA: McBride v. Voth, 2010 BCSC 443 at para. 125. The Court of Appeal in Chan v. Lee (Estate), 2004 BCCA 644 at para. 43 affirmed that “judicial interference with testamentary ......
-
Rawlins v. Rawlins,
...Wilcox, 2000 BCCA 491, Doucette v. Clark, 2007 BCSC 1021 (varied on other grounds, Doucette v. McInnes, 2009 BCCA 393), McBride v. Voth, 2010 BCSC 443. It should be noted that all of these cases were decided under the statutory predecessor to WESA. Each case basically involved a......
Request a trial to view additional results
40 cases
-
McLellan v. McLellan Estate, 2011 BCSC 461
...145 as the leading authority, and such other cases as Clucas v. Clucas Estate (1999), 25 E.T.R. (2d) 175 (B.C.S.C.) and McBride v. Voth , 2010 BCSC 443, 6 B.C.L.R. (5th) 328 that have summarized, applied and explained Tataryn . [123] In Clucas , Satanove J. summarized the law as follows: 12......
-
Peterson v. Welwood, 2018 BCSC 1379
...children. In that sense and to that degree only, testamentary autonomy will be curtailed by the application of the WVA: McBride v. Voth, 2010 BCSC 443 at para. 125. The Court of Appeal in Chan v. Lee (Estate), 2004 BCCA 644 at para. 43 affirmed that “judicial interference with testamentary ......
-
Rawlins v. Rawlins,
...Wilcox, 2000 BCCA 491, Doucette v. Clark, 2007 BCSC 1021 (varied on other grounds, Doucette v. McInnes, 2009 BCCA 393), McBride v. Voth, 2010 BCSC 443. It should be noted that all of these cases were decided under the statutory predecessor to WESA. Each case basically involved a......
-
Eckford v. Vanderwood et al., (2014) 357 B.C.A.C. 277 (CA)
...Estate (2011), 309 B.C.A.C. 224; 523 W.A.C. 224; 2011 BCCA 354, refd to. [para. 54]. McBride v. Voth et al., [2010] B.C.T.C. Uned. 443; 2010 BCSC 443, refd to. [para. Lukie v. Helgason (1976), 72 D.L.R.(3d) 395 (C.A.), refd to. [para. 80]. Statutes Noticed: Wills Variation Act, R.S.B.C. 199......
Request a trial to view additional results
2 firm's commentaries
-
Tom V. Tang, 2023 BCCA 221: Subjective Reasons And The Objectively Reasonable Will-Maker
...parent would do in the circumstances. Justice Ballance expressed the tension between these concepts this way in McBride v. Voth, 2010 BCSC 443: [141] ... The thorny issue is that the model of inquiry ... effectively precludes an assessment of whether the testator's reasons are objectively j......
-
Financial Disclosure In Wills Variation Matters: Richter v Richter Estate
...of moral obligations owing by the Deceased to her children. 6. See Dunsdon v. Dunsdon, 2012 BCSC 1274 at para. 134, and McBride v. Voth, 2010 BCSC 443 at paras. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about......
2 books & journal articles
-
LINES DRAWN IN BLOOD: A COMPARATIVE PERSPECTIVE ON THE ACCOMMODATION OF BLENDED FAMILIES IN SUCCESSION LAW.
...to public policy due to provisions discriminatory on the grounds of race). (110) See e.g. Tataryn, supra note 28; McBride v Voth, 2010 BCSC 443 at para 132. But see Spence v BMO Trust Company, 2015 ONSC 615, where the trial judge ruled that the exclusion of the testator's first daughter and......
-
Disinheriting adult independent children under the B.C. Wills Variation Act.
...parent and examining whether or not the reasons for disinheritance are justifiable. Madame Justice Ballance, in McBride v. Voth, 2010 BCSC 443, at page 142 observed, "there appears to be a growing trend in the authorities decided in the aftermath of Kelly to favour a rejection of objectivel......