Dismissal For Delay (Want of Prosecution)

Dismissal For Delay (Want of Prosecution)

PMC Builders & Developers Ltd v Country West Construction Ltd 2009 BCCA 535 is one of the leading cases in BC for dismissal of a court action for delay, also known as want of prosecution. It was recently followed in an estate case Re Strom… Read more

Removing and Replacing Executors and Trustees

This video is on removing executors and trustees. Personally, I think being an executor is like being a fire hydrant on a street of dogs. You can never, ever get enough appreciation. Unfortunately, it seems to attract a lot of heat. Now there are good… Read more

Forfeiture Clauses in Wills

A forfeiture clause is typically a clause that the testator puts in the will to try and make it much more difficult, if not impossible, for someone to contest the will. Typically, it would be a clause that it says, “If my wife ever remarries,… Read more

The Pitfalls of Joint Tenancy

This video is about joint tenancy. Many years ago, financial advisors in particular, started to advise people to put their assets in joint tenancy with others, in particular, their spouses or children in order to avoid probate fees. It was a minimal type of estate… Read more

Costs: The Standard of Review

Costs: The Standard of Review

The BC Court of Appeal in Giles v Westminster Savings Credit Union 2010 BCCA 282 reviewed the standard of awarding costs and the various purposes for an award of costs. The case was recently followed in Kyle Estate v Kyle 2017 BCSC 752 which stated… Read more

Self Represented Litigants

The Rising Trend of Self Represented Litigants

The Ontario Court of Appeal in Moore v Apollo & Beauty Care 2017 ONCA 383 discussed the increasing trend of self  represented litigants appearing before the courts. Self represented litigants present a problem for both the Court and any opposing counsel due to their general… Read more

Court Directions

Court Directions

Biely Estate v CNIB 2017 BCSC 788 involved an application for Court directions to be followed with respect to three competing wills of a deceased. The application was brought pursuant to Supreme Court Civil Rule 25-14(8)(a) and sought directions that the litigation only deal with… Read more

Offers to settle double costs

Offers to Settle Double Costs

Sim v Sim estate 2017 BCSC 345 discussed offers to settle and rejected an award for double costs finding that the offer was one that ought not to have reasonably been accepted as it required the plaintiff to give up the claim entirely while providing… Read more

Trustee For Child Under Will Has Priority

Trustee For Child Under Will Has Priority

Leniuk Estate 2016 BCSC 159 held that a trustee for a child appointed under a will has priority over a guardian appointed under the Family Law act to hold funds in trust for a child’s behalf. An application to have a guardian appointed trustee who… Read more

Special Costs Not to Include Pre Litigation Conduct

Special Costs Not to Include Pre Litigation Conduct

The BC Appeal court in Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA  extensively reviewed the law relating to an award of special costs and held that reprehensible pre litigation conduct should not be included when a judge exercises his or her discretion  as to award… Read more

wills-variation-and-long-marriages

Wills Variation- 84 Year Old Second Spouse With Dementia

Philp v.  Philp Estate 2017 BCSC 625 in a wills variation claim awarded an 84 year old second spouse with dementia $300,ooo from an estate of $660,000 after a 35 year marriage. The widower was a retired doctor who had contributed substantial sums of his… Read more

Fraudulent Wills

Fraudulent Wills: Vancouver Sun Article

The Vancouver Sun published an article I wrote on the increased risk of fraudulent wills that may occur under WESA. The B.C. inheritance-and-estate law brought in two years ago has increased the risk of forged and fraudulent wills, says a lawyer involved in the debate… Read more

Independent Legal Advice

Independent Legal Advice – 7 Factors to Look For

I am typically attempting to set aside a transaction or a will and I often look to see if there was independent legal advice (ILA) given and if so, was it truly independent. For example on a recent file a daughter took her mother to… Read more

Use of Multiple Wills Approved

Use of Multiple Wills Approved

In re: Berkner Estate 2017 BCSC 619 the Court approved the use  of Multiple Wills in estate planning.  The applicant submits that a person is entitled to have more than one valid will. As an example, multiple wills may be used when a will maker… Read more

Gratuitous Agency

Gratuitous Agency

Agency can simply be defined as a person authorized by another to act for him or her with entrusted business, and the agent represents that the agent is acting for another under the contract of the relation of agency. The  case of Siemens v Howard… Read more