Trustee Personally Liable For Trust Contract

Trustee Personally Liable For Trust Contract

In Johnson v North Shore Yacht Works Corp. 2017 BCSC 1229 the court held that a trustee of a trust was personally liable for a contractual debt that was entered into by the trust.  The case concerned responsibility for the costs of repairs carried out… Read more

Dysfunctional Families: Financial Control

Dysfunctional Families: Financial Control

Financial abuse in dysfunctional families is a common tactic to gain power and control within the family. I was reminded about this fact when reading an article in the British Telegraph today about a large divorce settlement between  the long time spousal owners of Laura… Read more

Sworn Financial Disclosure

Sworn Financial Disclosure

Shinder v Shinder 2017 ONSC 4177  sets out the importance of how sworn financial disclosure in family (and estate) court actions must be honest and complete as it is a “bedrock principle” that the parties are entitled to rely upon. The Supreme Court of Canada… Read more

Rebutting the Presumption of Resulting Trust

Rebutting the Presumption of Resulting Trust

The BC Appeal Court in Winstanley v Winstanley 2017 BCCA 265 ordered a new trial on the basis that the trial Judge erred in his determination as to whether the evidence at trial had rebutted the presumption of a resulting trust that arises when a… Read more

B.C. Court Case Transferred to Alberta

B.C. Case Transferred to Alberta

In subsequent reasons for judgement Cresswell v Cresswell 2017 BCSC 1183 a BC Court ordered a court action transferred to Alberta after finding that the plaintiff did not have standing to bring the action in BC as she was ordinarily resident in Alberta, did not… Read more

Summary of Special Costs Awarded by the Court

Summary of Special Costs

When one litigant is ordered to pay all or most of the other  litigants legal fees it is an award of special costs, and Siemens v Howard 2017 BCSC 1193 is a good summary of when the court will award special costs. The single standard… Read more

Unjust Enrichment Disallowed For Family Workers

Unjust Enrichment Disallowed For Family Workers

The BC Appeal Court in McDonald v McDonald 2017 BCCA 255 disallowed an award for unjust enrichment for various children who worked on the family farm for years without compensation, finding that “chores” amounted to a juristic reason to refuse a claim for unjust enrichment…. Read more

England Considers Allowing Texts and Voicemails to Be Wills

England Considers Allowing Texts and Voicemails to Be Wills

England is considering introducing radical reforms to it’s inheritance laws that would allow text messages and voice mails to be valid wills according to an article in today’s Telegraph. “British people will be able to use voicemail and text messages to make their wills, under… Read more

Signs Your Senior Loved One is a Victim of Elder Abuse

Signs Your Senior Loved One is a Victim of Elder Abuse

The following article on signs of elder abuse  is reprinted with the permission of Sally Perkins , an American former home care and hospice manager. Signs Your Senior Loved One is a Victim of Elder Abuse If only we lived in a world where people… Read more

Is it a Petition or Notice of Claim?

Petition or Notice of Claim?

Litigators must choose the appropriate forum to commence a court action: a petition or notice of claim. Most cases are commenced by the use of a notice of claim while certain types of cases may or must be commenced by petition. Carphin v Braich Estate… Read more

partition action

Who Can Bring a Partition Action

In order to be able to bring any  court action the claimant must have standing. Pallot v Douglas 2017 BCCA 254 is a court of appeal case setting out who has the standing to bring a partition action under the Partition of Property act. It… Read more

Beneficiary Trusts in Leasehold Estates

Beneficiary Trusts in Leasehold Estates

Pallot v Douglas 2017 BCCA 254 discusses the interest of a beneficiary of a trust in a decision that held that the beneficiary of a leasehold interest in a trust does not have the standing to partition the property and force a sale. This is… Read more

Can An Unwitnessed Will be Valid?

Unwitnessed Will Valid

Section 58 WESA was once again successfully used in Re Litke Estate 2017 BCSC 1079 to find a hand written unwitnessed signed “will-like” document to be a valid will. Such documents are now routinely found valid by the courts if certain criteria are met. The… Read more

Understanding Inherent Jurisdiction of the Court

Inherent Jurisdiction of the Court

Mayer v Rubin 2017 ONSC 3498 dealt with the inherent jurisdiction of the court to supervise the management of estates, control its processes and protect those who cannot fend for themselves.  26      The court has broad and inherent powers to supervise the management of estates… Read more

Entering into Settlement Agreements

Settlement Agreements

Probably every litigator has had the experience of having entered into a settlement agreement only to have the opposing party attempt to repudiate the settlement agreement resulting in a court application to determine if the agreement is valid and enforceable or if it was successfully… Read more