McStay v Berta Estate,
| Jurisdiction | Saskatchewan |
| Judge | Jackson, Barrington-Foote and Tholl JJ.A. |
| Neutral Citation | 2021 SKCA 51 |
| Citation | 2021 SKCA 51 |
| Docket Number | CACV3629 |
| Date | 01 April 2021 |
| Court | Court of Appeal (Saskatchewan) |
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4 practice notes
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RIBEN v. RIBEN,
...In McStay v Berta Estate, 2021 SKCA 51, 458 DLR (4th) 106 [McStay], the Court of Appeal recently summarized the general principles governing the legal process involved in proving a will in solemn form. The Court stated as [22] The process to be utilized when a ......
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Bell v Bell,
...Impermissible weighing of evidence at the first hearing gives rise to a ground of appeal. See, for example, McStay v Berta Estate, 2021 SKCA 51 at paras 50-51, 458 DLR (4th) 106; and Kapacila at para 29. [13] ......
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Summary Resolution Of Probate Disputes In Canada
...2007 SKCA 64 at para. 6. 2 Otto v. Kapacila Estate, 2010 SKCA 85 at para. 27. A recent application is found in McStay v. Berta Estate, 2021 SKCA 51. 3 2016 ONCA 191, 129 O.R. (3d) 721, leave to appeal dismissed (15 September 2016), 2016 CanLII 4 2016 ONCA 191 at paras. 81-2, 97-98. 5 2016 O......
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WITZANY v. FISHER,
...Our Court of Appeal in McStay v Berta Estate, 2021 SKCA 51 [McStay], had made it abundantly clear that it is not the role of a chambers judge at the first hearing to weigh conflicting evidence on the issue of testamentary capacity or undue influence. So, where there is a conflict in the evi......
3 cases
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RIBEN v. RIBEN,
...In McStay v Berta Estate, 2021 SKCA 51, 458 DLR (4th) 106 [McStay], the Court of Appeal recently summarized the general principles governing the legal process involved in proving a will in solemn form. The Court stated as [22] The process to be utilized when a ......
-
Bell v Bell,
...Impermissible weighing of evidence at the first hearing gives rise to a ground of appeal. See, for example, McStay v Berta Estate, 2021 SKCA 51 at paras 50-51, 458 DLR (4th) 106; and Kapacila at para 29. [13] ......
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WITZANY v. FISHER,
...Our Court of Appeal in McStay v Berta Estate, 2021 SKCA 51 [McStay], had made it abundantly clear that it is not the role of a chambers judge at the first hearing to weigh conflicting evidence on the issue of testamentary capacity or undue influence. So, where there is a conflict in the evi......
1 firm's commentaries
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Summary Resolution Of Probate Disputes In Canada
...2007 SKCA 64 at para. 6. 2 Otto v. Kapacila Estate, 2010 SKCA 85 at para. 27. A recent application is found in McStay v. Berta Estate, 2021 SKCA 51. 3 2016 ONCA 191, 129 O.R. (3d) 721, leave to appeal dismissed (15 September 2016), 2016 CanLII 4 2016 ONCA 191 at paras. 81-2, 97-98. 5 2016 O......