What is the current state of the law in Modonese?

British Columbia, Canada


The following excerpt is from Gosselin v Ramsay, 2019 BCSC 1394 (CanLII):

I am prepared to adopt the approach set out in Anderson v. Anderson, 2010 BCSC 911 at para. 57, cited in Modonese at para. 93, wherein Madam Justice Dardi stated in relation to the statements of a deceased transferor:

The reporting of some of the Deceased’s statements by interested parties raises a concern regarding the reliability of those statements. This evidence must be carefully scrutinized. Adopting the approach in Stephens v. Austin, 2003 BCSC 341, I have nevertheless determined that the Deceased’s statements adduced in evidence meet the threshold requirement of reliability. I conclude that the fact that some of the witnesses relating the statements are interested parties may be adequately dealt with in the determination of the weight to be attributed to any particular statement.

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