Navigating legal matters involving the death or incapacity of a loved one is an emotionally-charged experience, which many clients find difficult. For a decade, clients have entrusted Gordon to guide them through their estates and trusts disputes with practical advice, sound strategy, and unwavering support throughout the process.
Whether client matters are ultimately resolved through negotiations or in the courtroom, Gordon knows that preparation and positioning from the outset are critical success factors. This proactive and strategic approach helps ensure that our clients are in the best possible position for a favourable resolution.
Estate Litigation Services
| Undue influence and capacity or incapacity claims | Wills variation claims |
| Committeeship proceedings | Passing of executor and trustee accounts |
| Applications to have a document declared a will | Applications to rectify and address errors in a will |
| Abuse of power of attorney claims | Construction of wills applications |
| Executor and trustee compensation | Breaches of trust or fiduciary duty |
| Unjust enrichment claims |
Appreciating that clients want their issues resolved efficiently, Gordon promotes alternative dispute resolution methods when appropriate. In scenarios where negotiations are unsuccessful, our clients benefit from Gordon’s extensive litigation experience before all levels of court in British Columbia, including the Court of Appeal. While Gordon’s practice covers all aspects of estates and trusts litigation, he has particular trial experience in incapacity and undue influence.
Work Highlights
Obtained costs award following successful trial
- Jung Estate v. Jung Estate, 2022 BCSC 2223 – Lead counsel obtaining a costs award for our client after a successful result at trial.
Successful appointment of trust company in contested committeeship
- Wong (Re), 2022 BCSC 2227 – Lead counsel in contested committeeship hearing in which we successfully had a trust company appointed as committee of estate rather than one of the incapable adult’s children.
Successful incapacity claim to set aside a will
- Jung Estate v. Jung Estate, 2022 BCSC 1298 – Lead counsel in a 10-day trial in which our client succeeded in setting aside a will based on incapacity and lack of knowledge and approval of the deceased, notwithstanding opinions from a doctor and lawyer that the deceased did have capacity.
In 2020, Gordon authored the “Capacity and Undue Influence” chapter of the British Columbia Estate Litigation text, which addresses the key areas British Columbia estate practitioners face. This comprehensive textbook provides historical context, legal analysis, and commentary on practice and strategy.
Gordon’s competitive nature drew him into the practice of law. He is dedicated to his craft, meticulous in the details, and enjoys anticipating opposing parties’ next moves to develop winning strategies. What clients appreciate most about Gordon is his tenacious advocacy, sound judgment, frank advice, responsiveness, and, ultimately, the results he delivers.
Awards & Distinctions
- Society of Trust and Estate Practitioners (STEP) Private Client Awards finalist for Contentious Trusts and Estates Team of the Year 2021
- Bull Housser & Tupper Prize in Administrative Law, 2012
- Best Cross-Examination Award, Peter Burns Mock Trial Competition, 2010
- Law Foundation of British Columbia Award, 2009 & 2010
