Case information
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41774
Elaine Janet Whiffin Chartier and Estate of Ruby Elizabeth Johnston Whiffin v. Diane Ruby Wilkinson on behalf of the Estate of Ruby Elizabeth Johnston Whiffin and Diane Ruby Wilkinson
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-10-10 | Close file on Leave | |
| 2025-10-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-10-09 | Judgment on leave sent to the parties | |
| 2025-10-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA48554, 2025 BCCA 53, dated February 25, 2025, is dismissed with costs to Diane Ruby Wilkinson in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2025-09-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-26 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-05-27) | Diane Ruby Wilkinson on behalf of the Estate of Ruby Elizabeth Johnston Whiffin and Diane Ruby Wilkinson |
| 2025-05-26 | Notice of name, (Letter Form), (Printed version filed on 2025-05-27) | Diane Ruby Wilkinson on behalf of the Estate of Ruby Elizabeth Johnston Whiffin and Diane Ruby Wilkinson |
| 2025-05-26 |
Respondent's response on the application for leave to appeal, (Book Form), MISSING: - Proof of service (The applicant confirmed by email, the response was served), Completed on: 2025-08-29, (Printed version filed on 2025-05-27) |
Diane Ruby Wilkinson on behalf of the Estate of Ruby Elizabeth Johnston Whiffin and Diane Ruby Wilkinson |
| 2025-04-28 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-04-24 | Certificate (on limitations to public access), (Printed version filed on 2025-04-25) | Elaine Janet Whiffin Chartier and Estate of Ruby Elizabeth Johnston Whiffin |
| 2025-04-24 | Application for leave to appeal, (Book Form), Completed on: 2025-04-24, (Printed version filed on 2025-04-25) | Elaine Janet Whiffin Chartier and Estate of Ruby Elizabeth Johnston Whiffin |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Elaine Janet Whiffin Chartier and Estate of Ruby Elizabeth Johnston Whiffin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Diane Ruby Wilkinson on behalf of the Estate of Ruby Elizabeth Johnston Whiffin and Diane Ruby Wilkinson | Respondent | Active |
Counsel
Party: Elaine Janet Whiffin Chartier and Estate of Ruby Elizabeth Johnston Whiffin
Counsel
Greg Palm
1450-13401 108th Avenue
Surrey, British Columbia
V3A 9E8
Telephone: (604) 581-4677
FAX: (604) 581-5947
Email: dhunter@hamiltonduncan.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Diane Ruby Wilkinson on behalf of the Estate of Ruby Elizabeth Johnston Whiffin and Diane Ruby Wilkinson
Counsel
108 -1218 Wharf Street
Victoria, British Columbia
V8W 1T8
Telephone: (250) 388-6666
FAX: (250) 389-0400
Email: mhutchqc@bclawfirm.com
Summary
Keywords
Wills and estates – Administration of estates – Civil procedure – Summary judgment – Limitation of actions – Discoverability – Respondent commencing proceeding on behalf of mother’s estate to challenge transfer of family residence to applicant – Chambers judge determining respondent’s claim statute-barred – Court of Appeal allowing respondent’s appeal – Meaning of “fully aware” of facts relating to fraud or trust claim for purposes of triggering commencement of limitation period – Whether being “fully aware” of material facts requires actual knowledge of more than facts that would create a plausible inference of liability contrary to Grant Thornton LLP v. New Brunswick, 2021 SCC 31 – Limitation Act, S.B.C. 2012, c. 13, s. 12
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Applicant Elaine Janet Whiffin Chartier (hereafter, “Elaine”) and respondent Diane Ruby Wilkinson (hereafter, “Diane”) are sisters. Their parents owned a residential property (hereafter, the “family residence”) in joint tenancy. Their mother, Ruby Elizabeth Johnston Whiffin (hereafter, “Ruby”), became the sole owner of the family residence following the death of their father in 1994.
In 2013, Ruby executed a document transferring title of the family residence to Elaine. Ruby died in January 2017.
In December 2019, Diane commenced proceedings on behalf of Ruby’s estate, challenging the validity of the transfer of title of the family residence. Elaine applied to have the claims relating to the family residence summarily dismissed, on the basis that they were statute-barred under the Limitations Act.
The chambers judge granted Elaine’s application and dismissed the claims. The Court of Appeal allowed Diane’s appeal.
Lower court rulings
Application granted
Appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available