Does the fact that an executor of an estate has not been examined for discovery of the estate be considered invalid?
Alberta, Canada
The following excerpt is from Discovery Ridge Development Corp. v. Well International Holdings Corp., 2003 ABQB 406 (CanLII):
In Benekritis v. Gilbert Estate, [1998] B.C.J. No. 171, Stromberg-Stein J. similarly found that the fact that an executor had not been examined for discovery was “irrelevant since it is not suggested he has any relevant or probative evidence to give” (para. 36, emphasis added).
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