NEWHOUSE v GARLAND: DOCUMENTATION AND ERRING ON THE SIDE OF CAUTION The B.C Court of Appeal, in a 2-1 decision Newhouse v Garland 2022 BCCA 276, confirms the Chamber’s Judge Decision that the Appellant Ms. Patricia Newhouse failed to prove, on a balance of probabilities, that she and the deceased Bob Garland intended to hold […]

If the will-maker’s Will had overcome the proof of formal validity of the will, there is a presumption of the will-maker’s testamentary capacity, knowledge and approval of the Will, unless, suspicious circumstances are present with respect to the testamentary capacity, knowledge and approval of the will-maker. The Supreme Court of British Columbia recently invalidated the […]

The Court of Appeal of Alberta recently decided that Mortgagees or mortgage lenders have to be prudent in ensuring that they have written confirmation under their borrower’s insurance policy, that they are listed as a loss payable, instead of merely relying on the standard mortgage clause to think there is protection for them under the […]