What are the reasons of the Chief Justice's decision that this appeal against the Court of Appeal should be dismissed?
British Columbia, Canada
The following excerpt is from Ewachniuk Estate v. Ewachniuk, 2011 BCCA 510 (CanLII):
I have had the privilege of reading in draft the reasons of the Chief Justice. I agree with his conclusion that this appeal should be dismissed. My approach differs in part from the Chief Justice. My comments relate to the 200-year-old line of jurisprudence analyzed by Arnold-Bailey J. in Zeitler v. Zeitler (Estate), 2008 BCSC 775 (“Zeitler”).
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