Spady v Spady Estate, 2022 ABQB 591

"...for the purposes of questions in the context of applications, but they do for Part 5 questioning for discovery. In Spady v Spady Estate, 2022 ABQB 591, at paras 36–37, I addressed a similar gap in the Rules for the question of what is “relevant and material” in the context of an application..."

"...appeal denied (2005), 336 NR 198n (SCC); Stochinsky v Chetner (Estate of), 2003 ABCA 226, para 29, [2004] 3 WWR 54; Spady v Spady Estate, 2022 ABQB 591, para 50. 99 The corroboration evidence must be more than “suspicion, innuendo and speculation”: Logan Estate (Re), 2021 ABCA 6 at paras 17..."

"...in part, in the efficient use of judicial resources. 65 Marion J, on a summary judgment appeal from a Master in Spady v Spady Estate, 2022 ABQB 591 lamented the practice of de novo review at para 41: [Parties] go through the motions, so to speak, and hope for the best before the master on t..."

"...by Forbes' direct testimony (and vice versa) under the Alberta Evidence Act, RSA 2000, c A-18 ( AEA), section 11: Spady v Spady Estate, 2022 ABQB 591 at paras 46-50. Forbes' notes indicate that Gula told Forbes he had no intention of selling the Lands, that he thought he was signing documen..."

"...(ONCA); Murphy Estate v McLean Estate, 1992 ABCA 240, paras 30-31, 96 DLR (4th) 535. Justice Marion elaborated in Spady v Spady Estate, 2022 ABQB 591 at paras 48 and 49: [48] The corroboration evidence must be more than “suspicion, innuendo and speculation”, but on the other hand the law do..."

"...for the purposes of questions in the context of applications, but they do for Part 5 questioning for discovery. In Spady v Spady Estate, 2022 ABQB 591, at paras 36–37, I addressed a similar gap in the Rules for the question of what is “relevant and material” in the context of an application..."

"...appeal denied (2005), 336 NR 198n (SCC); Stochinsky v Chetner (Estate of), 2003 ABCA 226, para 29, [2004] 3 WWR 54; Spady v Spady Estate, 2022 ABQB 591, para 50. 99 The corroboration evidence must be more than “suspicion, innuendo and speculation”: Logan Estate (Re), 2021 ABCA 6 at paras 17..."

"...in part, in the efficient use of judicial resources. 65 Marion J, on a summary judgment appeal from a Master in Spady v Spady Estate, 2022 ABQB 591 lamented the practice of de novo review at para 41: [Parties] go through the motions, so to speak, and hope for the best before the master on t..."

"...by Forbes' direct testimony (and vice versa) under the Alberta Evidence Act, RSA 2000, c A-18 ( AEA), section 11: Spady v Spady Estate, 2022 ABQB 591 at paras 46-50. Forbes' notes indicate that Gula told Forbes he had no intention of selling the Lands, that he thought he was signing documen..."

"...(ONCA); Murphy Estate v McLean Estate, 1992 ABCA 240, paras 30-31, 96 DLR (4th) 535. Justice Marion elaborated in Spady v Spady Estate, 2022 ABQB 591 at paras 48 and 49: [48] The corroboration evidence must be more than “suspicion, innuendo and speculation”, but on the other hand the law do..."