Passing of Accounts and Court Costs

Passing of Accounts and Court Costs

Re Rodgers Estate 2017 BCSC 2001 discussed who should bear the costs of a passing of accounts hearing where it was asserted that no valid complaints were raised re the accounting by the party challenging them. The court ultimately held that the estate should bear… Read more

Fraudulent Conveyances – Ponzi Schemes

Fraudulent Conveyances – Ponzi Schemes

Boale Wood Ltd v Whitmore and Samji Notary 2017 BCSC 1917 involved a Fraudulent Conveyance action brought by a trustee in bankruptcy alleging a fraudulent conveyance. A notary public was involved in a Ponzi scheme whereby $110 million was received into notary public account from… Read more

Rectification of a Document

Rectification of a Document

Re McDonald Bankruptcy 2017 BCSC 1957 deals with an attempt to rectify  the terms of a written agreement in a bankruptcy proceeding. The court refused to do so based on the following legal rationale. 103      In Snell’s Equity, (32nd ed., 2011) in the first supplement… Read more

Gifts of Cheques

Gifts of Cheques

Teixeira v Markgraf 2017 ONCA 819 dealt with the issue of inter vivos gifts of  cheques. In the Teireira case the plaintiff was given a cheque to cash as a gift several days before the death of  the bank account holder. The cheque was for… Read more

Adjournment of a Trial

For a number of reasons it is sometimes necessary to seek an adjournment of a scheduled trial. 38      The adjournment of a trial is a discretionary matter. This discretion must be exercised in accordance with the interests of justice. There are a number of considerations… Read more

Oppression Actions of Minority Shareholders

Oppression Actions of Minority Shareholders

Oppression actions of minority shareholder rights in companies was discussed in detail in Healthcare of Ontario Pension Plan v Neuro Discovery 2 Limited Partnership 2017 BCSC 1743 The Claims in Oppression 18 The claims in oppression are based upon s. 227 of the BCA, which… Read more

Executor Remuneration and Passing of Accounts

Unsent Draft Text Message Valid Will – Australia

A court in Australia has accepted an unsent, draft text message on a dead man’s mobile phone as an official will. The 55-year-old man had composed a text message addressed to his brother, in which he gave “all that I have” to his brother and… Read more

Executor Remuneration and Passing of Accounts

Executor Remuneration and Passing of Accounts

Re Beerenbrouk 2017 BCSC 1785 is a good summary of the law relating to executor remuneration and the passing of executor accounts. A farm property worth $2 million was administered for 8 years and was complex and the beneficiary difficult. The court awarded Capital Fee… Read more

Proof In Solemn Form and Attestation Clauses

Proof In Solemn Form and Attestation Clauses

Bhall Estate 2017 BCSC 1867 involved a contested application to prove a will in solemn form where the court inter alia relied upon the presence of the attestation clause to be of some significance. The will was drafted by a lawyer who kept very few… Read more

Partial Summary Trial Rebuked

Partial Summary Trial Rebuked

The Ontario Court of Appeal has issued a warning to lawyers that they should only bring partial summary judgment motions in the clearest of cases. In a recent judgment in Butera v. Chown, Cairns LLP,2017, the court allowed a $5-million negligence action brought against a… Read more

Summary Judgement Principles

Summary Judgement Principles

Summary Judgment Principles were discussed in Winter v Sherman 2017 ONSC 5492 [25]           Summary judgment is available where there is no genuine issue for trial: Hyrniak v. Mauldin, 2014 SCC 7 (CanLII), 366 D.L.R. (4th) 641, at para. 34. [26]        … Read more

6 Factors of a Fiduciary Relationship

6 Factors of a Fiduciary Relationship

Six factors must exist to create an ad hoc fiduciary duty as per the Supreme Court of Canada in Elder Advocates of Alberta Society v. Alberta, [2011] 2 S.C.R. 261, at paras. 27 and 36. 6 Factors for Fiduciary Relationships: (1) the fiduciary has scope for… Read more

S.58 and 59 WESA Application Ordered to Trial

S.58 and 59 WESA Application Ordered to Trial

Estate of Palmer 2017 BCSC 1430 dealt with  an application to cure defects in a will under sections 58 and 59 of WESA, but was ordered to trial rather than having been dealt with summarily by affidavits. Ms. Palmer executed a short will on August… Read more

Parental Monies to Children: Loan or Gift?

Parental Monies to Children: Loan or Gift?

Weinhaupt v Paracy 2017 BCSC 1662 deals with an increasing phenomena- the advancement of funds by parents to children in order to assist in the financing of the purchase of a home, and whether the advancement of funds was a gift or a loan when… Read more

Unwitnessed Will Valid: S.58 WESA

Unwitnessed Will Valid: S.58 WESA

Re Riguidel Estate 2017 BCSC 1667 found a signed but unwitnessed will to be valid by invoking the curative provisions of Section 58 WESA. The Facts: The people present when the deceased signed the handwritten and typed documents were the deceased, Ms. Leonard and Mr…. Read more