Closing the Gap? Mental capacity assessment orders in Sandhu (Re), 2022 BCSC 2027
By Polly Storey Ordering an adult to submit to an assessment of their mental capacity, without their consent, is an extreme measure. In 2012, however, ... Continued
Determining Capability – Horan v Fraser Health Authority, 2022 BCSC 1951
By Polly Storey In a recent decision of the BC Supreme Court, Justice Iyer has provided guidance regarding how capacity to consent to support and ... Continued
Mark Weintraub, K.C. and Polly Storey Follow-Up Piece Published in The Advocate
Clark Wilson’s Estates & Trusts lawyers Mark Weintraub, K.C. and Polly Storey‘s follow-up article, “Conscious of the Good Conscience Trust: Further Thoughts on the Constructive ... Continued
Special and Non-Party Costs: AM Gold Inc v Kaizen Discovery Inc., 2022 BCCA 284
By Polly Storey In a recent decision of the Court of Appeal, Justice Goepel has further refined the law of special costs. In AM Gold ... Continued
Yang v. Shi, 2022 BCCA 317 – Summary Determinations at the Court of Appeal
By Polly Storey On July 18, 2022, new legislation and rules came into force governing appeals before the Court of Appeal for British Columbia.[1] In ... Continued
The Lawyer’s Daily Interviews Polly Storey
Our Estates & Trusts lawyer Polly Storey has been quoted in a new article from The Lawyer’s Daily, a national publication providing legal news, analysis, ... Continued
First Impressions: Rectification of Wills at the Court of Appeal
By Polly Storey In August of 2021, we commented on Simpson v. Simpson Estate, 2021 BCSC 1486, a decision that considered, for the first time, ... Continued
Mark Weintraub, Q.C. and Polly Storey Published in The Advocate
Clark Wilson’s Estates & Trusts lawyers Mark Weintraub, Q.C. and Polly Storey‘s article, “Binding The Will-maker’s Conscience: Is it Time to Use the Good Conscience ... Continued
COVID-19 and the Curative Provision in WESA, s. 58: Bishop Estate v. Sheardown, 2021 BCSC 1571
In a recent decision from the Supreme Court of British Columbia, Justice Matthews had an opportunity to consider the impact of the COVID-19 restrictions on ... Continued
A Will-Maker’s Intentions Need Not Be Defeated by Delay: Simpson v. Simpson Estate, 2021 BCSC 1486
In a recent blog post, we commented s. 59 of the Wills, Estates and Succession Act (“WESA”), which permits a Court to correct a Will ... Continued
Clark Wilson Shortlisted for STEP’s Contentious Trusts & Estate Team of the Year
We are delighted to share that our Estates & Trusts group has been named as a finalist in the 2021 STEP Private Client Awards. With ... Continued
Sherman Estate: (Un)sealing Probate Files at the Supreme Court of Canada
In October, we commented on the case of murdered Toronto billionaires, Barry and Honey Sherman, which was on appeal to the Supreme Court of Canada. ... Continued