Mortimer v. Bender, 2020 BCSC 483
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Tucker |
| Docket Number | S196469 |
| Date | 31 March 2020 |
| Court | Supreme Court of British Columbia (Canada) |
-
- 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
6 practice notes
-
Chung v. Chung,
...In 2019, s. 151 of WESA was amended and the form of leave under s. 151(1) was changed (see discussion in Mortimer v. Bender, 2020 BCSC 483 at paras. 96-97). Prior to the amendment, s. 151(1) provided the process for leave to commence proceedings “in the name of and on behalf of the p......
-
Woodward v. Weinstein, 2020 BCSC 1667
...was added into the modernized rules in order to prevent administration from being indefinitely hung up. As set out in Mortimer v. Bender, 2020 BCSC 483, this intent was acknowledged in the British Columbia Law Institute (“BCLI”) report, Report on New Probate Rules (BCLI Report no. 57, Octob......
-
Drachenberg v. Evans,
...I have been referred to a number of cases dealing with similar situations including Mortimer v. Bender, 2020 BCSC 483; Egli v. Egli, 2005 BCCA 627; E.M.E. v. D.A.W., 2003 BCSC 1878, which I have found [47] Mortimer is authority for the proposition t......
-
Zen v. De Jesus,
...[39] The defendants rely on the recent decision of Madam Justice Tucker in Mortimer v. Bender, 2020 BCSC 483. In that case, a beneficiary brought an action against the executor of the estate and another beneficiary. One of the claims the plaintiff a......
Request a trial to view additional results
5 cases
-
Chung v. Chung,
...In 2019, s. 151 of WESA was amended and the form of leave under s. 151(1) was changed (see discussion in Mortimer v. Bender, 2020 BCSC 483 at paras. 96-97). Prior to the amendment, s. 151(1) provided the process for leave to commence proceedings “in the name of and on behalf of the p......
-
Woodward v. Weinstein, 2020 BCSC 1667
...was added into the modernized rules in order to prevent administration from being indefinitely hung up. As set out in Mortimer v. Bender, 2020 BCSC 483, this intent was acknowledged in the British Columbia Law Institute (“BCLI”) report, Report on New Probate Rules (BCLI Report no. 57, Octob......
-
Drachenberg v. Evans,
...I have been referred to a number of cases dealing with similar situations including Mortimer v. Bender, 2020 BCSC 483; Egli v. Egli, 2005 BCCA 627; E.M.E. v. D.A.W., 2003 BCSC 1878, which I have found [47] Mortimer is authority for the proposition t......
-
Zen v. De Jesus,
...[39] The defendants rely on the recent decision of Madam Justice Tucker in Mortimer v. Bender, 2020 BCSC 483. In that case, a beneficiary brought an action against the executor of the estate and another beneficiary. One of the claims the plaintiff a......
Request a trial to view additional results
1 firm's commentaries
-
Understanding Section 151 Of The WESA: Recent Decisions Provide Clarity
...leave under s. 151 of the WESA. It has been noted in previous cases, such as the decision of Madam Justice Tucker in Mortimer v. Bender, 2020 BCSC 483, that the language in s. 151 is somewhat "circular" and confusing in this In Chung, two daughters of the Deceased sought leave to bring acti......