Legal Question in Family Law in Canada

Re: promissory note

As noted on the LawGuru website, all questions to this firm must be answered with reference to British Columbia law.

In B.C. one of the main reasons for signing a promissory note is specifically to avoid arguments over whether or not the loan was made. In all liklihood you would succeed if you sued. Your brother's opinion is irrelevant unless he was present when the conversation about the loan (when you agreed to it) took place and/or when the note was signed. His request to have the note tested is also irrelevant because the dispute is between your mother and you, not you and your brother. If it is disputed by your mother and she wants it tested, at that point you should have the court order her to pay for the testing by a forensic document examiner (although you may end up paying initialy, assuming you win, she will most likely have to pay you back for it). You should tell your brother the matter is between you and your mother and refuse to discuss it with him. There are a number of other issues that could arise, but you have not given all of the facts so this opinion could change; when a lawyer you see has all of the facts his or her opinion may be different, but you should see a lawyer right away.