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Ken McEwan, Q.C. and Emily Kirkpatrick Successfully Uphold Abuse of Process Ruling.

In Este v. Esteghamat-Ardakani et al., 2018 BCCA 290, the Court of Appeal upheld the decision of the trial judge dismissing the plaintiff’s claims as an abuse of process. Ken McEwan Q.C. and Emily Kirkpatrick acted for the respondents/defendants. The case arose from a dispute between a daughter and her mother and brother, in respect of certain properties. The daughter had previously maintained in divorce proceedings that a number of properties in her name were held in trust for her mother. She then sued her mother and brother claiming the properties were hers alone. At the close of her case at trial, Ken brought an application seeking to have her claim dismissed as an abuse of process. That application was granted, and the trial judge’s decision upheld on appeal. The full reasons of the Court of Appeal can be found here.

Este v. Esteghamat-Ardakani et al., 2018 BCCA 290

 

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