Wilton v. Koestlmaier, 2019 BCCA 262
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Dickson,The Honourable Madam Justice Griffin,The Honourable Mr. Justice Butler |
| Citation | 2019 BCCA 262 |
| Docket Number | CA45539 |
| Court | Court of Appeal (British Columbia) |
| Date | 19 July 2019 |
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8 practice notes
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Court Of Appeal Summaries (March 14, 2022 ' March 18, 2022)
...Vout v. Hay, [1995] 2 S.C.R. 876, Banks v. Goodfellow (1870), L.R. 5 Q.B. 549, Housen v. Nikolaisen, 2002 SCC 33, Wilton v. Koestlmaier, 2019 BCCA 262, McGrath v. Joy, 2022 ONCA 119, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 Oliveira v. Oliveira, 2022 ONCA 218 Keywords: Civil Procedur......
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Devlin Estate (Re),
...the assessment of the evidence: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paras. 26, 36; see also Wilton v. Koestlmaier, 2019 BCCA 262, 48 E.T.R. (4th) 12, at paras. [14] On the other hand, where the application judge has made an error in principle, ......
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Mayer v. The Superintendent Of Motor Vehicles, 2020 BCSC 474
...“plainly seen”: Housen at paras. 5-6. An overriding error is one that “must or may well have affected the result”: Wilton v. Koestlmaier, 2019 BCCA 262 at para. 23, citing Nelson (City) v. Mowatt, 2017 SCC 8 at para. 38. To argue that there has been a palpable and overriding error, “it is n......
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Louie v. Canada (Indigenous Services),
...capacity when certain formalities are complied with, as the British Columbia Court of Appeal recently explained in Wilton v Koestlmaier, 2019 BCCA 262 at paragraph 24: The propounder of a will bears the burden of proving that: (1) the formalities of will-making were complied with; (2) the t......
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6 cases
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Devlin Estate (Re),
...the assessment of the evidence: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paras. 26, 36; see also Wilton v. Koestlmaier, 2019 BCCA 262, 48 E.T.R. (4th) 12, at paras. [14] On the other hand, where the application judge has made an error in principle, ......
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Louie v. Canada (Indigenous Services),
...capacity when certain formalities are complied with, as the British Columbia Court of Appeal recently explained in Wilton v Koestlmaier, 2019 BCCA 262 at paragraph 24: The propounder of a will bears the burden of proving that: (1) the formalities of will-making were complied with; (2) the t......
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Mayer v. The Superintendent Of Motor Vehicles, 2020 BCSC 474
...“plainly seen”: Housen at paras. 5-6. An overriding error is one that “must or may well have affected the result”: Wilton v. Koestlmaier, 2019 BCCA 262 at para. 23, citing Nelson (City) v. Mowatt, 2017 SCC 8 at para. 38. To argue that there has been a palpable and overriding error, “it is n......
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R. v. Steeves, 2019 BCSC 1471
...wrong that it amounts to an injustice or where the court gave no or insufficient weight to relevant consideration: Wilton v. Koestlmaier, 2019 BCCA 262 at para. [47] When assessing a trial judge’s reasons, the judgment must be read as a whole in context and in conjunction with the presumpti......
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2 firm's commentaries
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Court Of Appeal Summaries (March 14, 2022 ' March 18, 2022)
...Vout v. Hay, [1995] 2 S.C.R. 876, Banks v. Goodfellow (1870), L.R. 5 Q.B. 549, Housen v. Nikolaisen, 2002 SCC 33, Wilton v. Koestlmaier, 2019 BCCA 262, McGrath v. Joy, 2022 ONCA 119, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 Oliveira v. Oliveira, 2022 ONCA 218 Keywords: Civil Procedur......
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Costs In Estate Litigation: Different Horses For Different Courses
...estate disputes. These cases provide illustrative examples of how costs decisions can vary in will challenges. In Wilton v Koestlmaier, 2019 BCCA 262, the appellants were three grandchildren of the deceased, Maxine Wilton. The appellants had challenged the validity of a codicil made by the ......