Occupational Rent - Competing Damages Between Co-Owners

Occupational Rent – Competing Damages Between Co-Owners

Ajayi v Oziegbe  2017 ONSC  2732 discussed the concept of occupational rent where one co owner occupies a jointly owned property to the exclusion of the co owner, and the co owner seeks damages for the use of the property and the occupying party seeks competing damages… Read more

Duplicate Litigation

Avoiding Duplicate Litigation (Res Judicata)

Duplicate litigation is to be avoided and thus the legal concept of res judicata- when a court has decided the legal issue already it constitutes a bar to a subsequent action involving the same claim. Alexander v Alexander 2017 BCSC 914 is a recent case… Read more

Property Partition and Sale Ordered for Joint Tenants

Property Partition and Sale Ordered for Joint Tenants

Bindley Estate v Quartermaine Holding Ltd. 2017 BCSC 672 ordered partition and sale of a property %50 owned by two parties where one party wished to sell and the other refused. They we unable to agree on a price for the respondent to buy out… Read more

Lawyer Duty Taking Will Instructions: Suspicious Circumstances

Lawyer Duty Taking Will Instructions: Suspicious Circumstances

The duty of a lawyer/solicitor  in taking will instructions when suspicious circumstances are present was discussed in Shroff v Schroff 2017 MBQB 51. Suspicious Circumstances Suspicious circumstances have been found to exist in a wide array of situations and are not necessarily sinister in nature. There is… Read more

Undue Influence: Shifts in Burden of Proof Means More Plaintiffs Win

Undue influence is nearly always done in secrecy. It’s behind closed doors. There’s never many witnesses. It’s the things that are said like, I’m going to put you in a care home if you don’t leave anything to me. There are no witnesses but it… Read more

Understanding Testamentary Documents

A testamentary document is like a will because the will is the most common form of that type of document. A will is a document that has its vigor and effect upon a death. In other words, a will is an invalid document until a… Read more

How to Keep Wills Variation Out of BC Court

This video is about how to keep wills variation out of court which is basically what most testators want to do at the end of the day. The video and article is a very in-depth review of what the requirements are with respect to executing… Read more

Understanding the Value of Life Estates

Life estates or life interests means that someone gets the use of a piece of property or some monies and investment or something along those lines for their lifetime and then after they pass away, the interest, whatever it was, goes to what is known… Read more

2 Ways the Revocation of Wills Can Happen in Vancouver

A revocation of a will in British Columbia can happen in two different ways. For example, the test dater can rip it up with the intention of revoking it. He can burn it, destroy it, and any other matter of destruction of the will with… Read more

Common Law Marriage or Mere Housemates?

This video is about whether or not you live in a common law relationship. As you know, many couples have for some time now lived in common law relationships without the sanctity of a marriage certificate. For many of those years, they were legally unprotected… Read more

How the Award of Court Costs are Made in British Columbia

This video is about court costs. Typically and historically, court costs often came out of the estate. The unsuccessful party did not have to pay the winning party and that was the way it was for many, many years. Approximately 20 years ago in British… Read more

Understanding the Wills Variation Act in British Columbia

A tribute to Wills Variation Act that we have here in British Columbia, Canada. We’ve had this act for approximately 90 years and we obtained it from New Zealand. It allows certain types of classes of people to contest a will if they have been… Read more

The Basics of the Wills Variation Act

This video is about the basics of the Wills Variation Act in British Columbia, Canada. The Wills Variation Act only applies to this province so people from elsewhere must realize that we can only contest wills in this province where the assets are in this… Read more

Mr. Attorney – Don’t Change the Wills Variation Act

The Wills Variation Act was written in approximately 2007 after the government of British Columbia the year prior announced that they intended to make slipping changes to wills and succession legislation in British Columbia. The overriding change was to change the Wills Variation Act provision… Read more

Why You Shouldn’t Enter into Senior For Life Care Agreements

Senior for life care agreements typically offer to put up a substantial sum of money in return for which one child or more will take care of the parent for the rest of his or her life. It is a very well-intentioned concept particularly in times… Read more