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Ken McEwan Q.C. and Emily Kirkpatrick were successful in having a ruling dismissing the plaintiff’s case as an abuse of process upheld on appeal.

At the close of the plaintiff’s case at trial, Ken brought a combined no-evidence and abuse of process application on the basis that the plaintiff’s position claiming beneficial ownership of assets she had previously disclaimed in a family proceeding constituted an abuse. A unanimous division of the Court of Appeal upheld the trial judge’s decision. Leave to the Supreme Court of Canada was sought, but denied.

A full copy of the Court of Appeal’s reasons for judgment in Este v. Esteghamat-Ardakani, 2018 BCCA 290 are available here.

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