Is Rule 25-10 of the BC Rules restricting notices of dispute to validity disputes?
British Columbia, Canada
The following excerpt is from Mortimer v Bender, 2020 BCSC 483 (CanLII):
Rita says nothing in Rule 25-10 restricts notices of dispute to validity disputes, noting the Rule sets out the broad purpose of opposing “the issuance of an estate grant”. She says a notice of dispute under the current Rules is intended to serve the same function as an estate caveat under the previous rules, and that caveats were not so limited, citing Hetherington v. McLeod, 1991 BCSC 1.
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