Is the Estate of McLaughlin Estate binding authority for the determination of this lawsuit?

British Columbia, Canada


The following excerpt is from Atha v. Thompson, 2008 BCSC 1075 (CanLII):

On that analysis, I am satisfied beyond a reasonable doubt, that Hall v. McLaughlin Estate (above), relied upon by the plaintiffs, will not be accepted as the binding authority for the determination of this lawsuit. Manifestly, that case is distinguishable on its facts. Among other things, the spouses at issue in that case were 80 years and 78 years of age respectively, when they celebrated their marriage in January of 1992. They had eloped to California. Over the ensuing 10 years, there were statements attributed to the deceased spouse in issue which the court found confirmatory of a contract supporting a finding of mutual wills. As well, the court found that evidence corroborated by other material evidence.

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