McLeod Estate v. Cole et al., 2021 MBQB 24

JurisdictionManitoba
JudgeREMPEL, J.
Date03 February 2021
Docket NumberCI 13-01-82502 (Winnipeg Centre)
CourtCourt of Queen's Bench of Manitoba (Canada)
Citation2021 MBQB 24
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6 practice notes
  • Palichuk v. Palichuk,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 9, 2021
    ...[1995] B.C.J. No. 1857 (B.C.S.C.); Lynch Estate v. Lynch Estate (1993), 8 Alta. L.R. (3d) 291 (Q.B.), at para. 108, McLeod Estate v. Cole, 2021 MBQB 24; Egli v. Egli, 2005 BCCA 627; McLeod Estate v. Cole, 2021 MBQB [159]    Re Beaney is generally consistent with an earlier Su......
  • Viceversa Developments Inc. v. The City of Winnipeg,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • August 18, 2022
    ...and without bias.  I am not the first judge to make such a finding – see Rempel J.’s decision in McLeod Estate v. Cole, 2021 MBQB 24, [2021] M.J. No. 28, at paras. 392- 3.  Despite that recent reminder of his duty to the court and the importance of carrying it out, b......
  • McLeod Estate v Cole et al,
    • Canada
    • Court of Appeal (Manitoba)
    • September 23, 2021
    ...trial judge received 488 pages of written submissions and, ultimately, delivered a 138-page written decision dismissing the action (see 2021 MBQB 24).  The notice of appeal particularizes 17 grounds of appeal.  No doubt the written materials still to be generated by the appeal wil......
  • McLeod Estate v Cole et al,
    • Canada
    • Court of Appeal (Manitoba)
    • September 20, 2022
    ...heard:   )   June 3, 2022   )     )   Judgment delivered:   )   September 20, 2022 On appeal from 2021 MBQB 24 Pfuetzner JA [1]                     ......
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6 cases
  • Palichuk v. Palichuk,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 9, 2021
    ...[1995] B.C.J. No. 1857 (B.C.S.C.); Lynch Estate v. Lynch Estate (1993), 8 Alta. L.R. (3d) 291 (Q.B.), at para. 108, McLeod Estate v. Cole, 2021 MBQB 24; Egli v. Egli, 2005 BCCA 627; McLeod Estate v. Cole, 2021 MBQB [159]    Re Beaney is generally consistent with an earlier Su......
  • Viceversa Developments Inc. v. The City of Winnipeg,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • August 18, 2022
    ...and without bias.  I am not the first judge to make such a finding – see Rempel J.’s decision in McLeod Estate v. Cole, 2021 MBQB 24, [2021] M.J. No. 28, at paras. 392- 3.  Despite that recent reminder of his duty to the court and the importance of carrying it out, b......
  • McLeod Estate v Cole et al,
    • Canada
    • Court of Appeal (Manitoba)
    • September 23, 2021
    ...trial judge received 488 pages of written submissions and, ultimately, delivered a 138-page written decision dismissing the action (see 2021 MBQB 24).  The notice of appeal particularizes 17 grounds of appeal.  No doubt the written materials still to be generated by the appeal wil......
  • McDonald Estate v. McDonald,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • February 16, 2023
    ...capacity must be applied flexibly, with careful consideration and weight given to all the relevant evidence (McLeod Estate v. Cole et al., 2021 MBQB 24, (McCleod), at para. 26, citing Lynch Estate v. Lynch Estate, 1993 CanLII 7024 (AB KB), (Lynch), at para. 96).  Evidence of dementia o......
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