What is the effect of a judge's finding that a notice of intent was not served on the addresses of the beneficiaries of an appellant's estate?
British Columbia, Canada
The following excerpt is from Al-Sabah v. Al-Sabah, 2016 BCCA 365 (CanLII):
The judge found that the appellant did not exercise reasonable diligence when ascertaining the addresses of the beneficiaries. The beneficiaries were close relatives, and all deposed that they did not receive the notice. There was an evidentiary foundation for the judge to reach his conclusion and there is no basis to interfere with his decision. See Desbiens v. Smith, 2010 BCCA 394.
"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
What is the test for a finding that a judge must not make a finding which would directly contradict a finding previously made by another judge? (British Columbia, Canada)
What is the test for malicious intent in the context of an appeal against the findings of a finding of malicious intent? (British Columbia, Canada)
Does a discount for time served under section 344(a) of the Criminal Code apply to time served time served? (British Columbia, Canada)
What is the scope of appellate review of a finding that a judge err in proceeding to determine the substantive issue by way of summary trial? (British Columbia, Canada)
What is the effect of a judge's finding that a father's financial disclosure in support of his application for divorce was inadequate and unreliable? (British Columbia, Canada)
What is the effect of a finding of no misconduct in a professional conduct review panel finding no misconduct? (British Columbia, Canada)
Can a judge interfere with a trial judge's findings of fact? (British Columbia, Canada)
What is a judge’s role as an appellate judge to second-guess the weight of evidence? (British Columbia, Canada)
In what circumstances will a judge relitigate a finding in a motion where the original finding was invalid? (British Columbia, Canada)
Is a notice sent to the address for service in the CBL served pursuant to section 33(3)(a) of the Criminal Code? (British Columbia, Canada)
