What is the test for corroboration in a claim against a deceased person?
Saskatchewan, Canada
The following excerpt is from Schmelinsky v. Kewley Estate, 1981 CanLII 2167 (SKDC):
Further on the question of corroboration, as stated by Bigelow, J., in Cay and Hill v. Marcotte, 1930 CanLII 165 (SK QB), [1930] 1 W.W.R. 824: Although as a general rule a claim against a deceased person should be supported by other evidence than that of the claimant, still, if the court is satisfied that the claim is true, corroboration is not necessary.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action, is there any case law where a defendant admitted the allegations in the statement of claim and submitted to the relief claimed? (Saskatchewan, Canada)
What is the test for establishing that if one person buys property but conveys it into another person's name or into his name, that other person becomes resulting trustee for the purchaser? (Saskatchewan, Canada)
Can a legatee or personal representative of a deceased's estate collect the balance of his distributive share of the deceased’s estate? (Saskatchewan, Canada)
In what circumstances will a landlord who claims to be a tenant be able to claim as landlord of a property where the landlord is not the landlord of the tenant? (Saskatchewan, Canada)
What are the principles of causation in the context of a personal injury claim? (Saskatchewan, Canada)
Can a person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
What is the test for success in a personal injury action brought by a farmer who claims to have lost his right to land on his land? (Saskatchewan, Canada)
What is the test for claiming unjust enrichment in the context of a claim made by Alice against her former partner in her name? (Saskatchewan, Canada)
Does a clause in a will which states that the real estate and personal estates of the deceased bequeathed to the executors of his will constitute a general fund for his funeral and testamentary expenses and debts? (Saskatchewan, Canada)
Can a person adopted in a jurisdiction not recognizing adoption claim the status of a “child” in a similar jurisdiction? (Saskatchewan, Canada)
