Joint Tenant Interest Set Aside For Unjust Enrichment

  Joint Tenant Interest Set Aside for Unjust Enrichment Reasons Just because a person is registered as a joint tenant in a parcel of property does not mean that the person actually has a beneficial Interest in and to the property, and joint tenancies can… Read more

Parol Evidence Rule Not Permitted To Be Instrument of Fraud

“Parol evidence”‘ that is verbal evidence to show that the written contract was not the true contract,  admitted to prevent a fraud upon a trust. The BC Court of Appeal upheld the finding of a trust in the decision Bradshaw v Stenner 2012 CarswellOnt 1936… Read more

Beware The Words Issue Per Stirpes and Per Capita

Issue per stirpes and per capita should not be used when drafting wills. There seems no end to the ongoing litigation that arises in will interpretation cases due to the coontinued use of the legal terms” issue per stirpes” or “issue per capaita” and other… Read more

conflict of interest-lawyer

Conflict of Interest-Law Firm Removed

In court proceedings involving the issues of the deceased’s mental capacity and capacity to marry, the Ontario supreme court in Assaly v Assaly 2012 CarswellOnt 5302,  the Ontario Supreme Court removed a law firm as the solicitors on record as a lawyer who had previously worked… Read more

“Money and Cash” Interpretted In Will

“Money and Cash” Interpretted In Will The words used in many wills are often ambiguous or capable of different interpretations,which often then results in a court application to determine the meaning of the words used in the will. Such was the case with the use… Read more

Fraudulent Conveyance Found By Ontario Court re Defeat of Existing and Future Creditor”s Claims

Mitchell Jenner v Saunders  2012 CarswellOnt 5299 is an Ontario Court of Appeal case that upholds a finding that the sale of a husband and wife’s property was a fraudulent conveyance intended to defeat creditors. The married couple had purchased a house together but it… Read more

Financial Institution Not Liable For Loss of Invested Inheritance

There have been many court decisions in recent years with the courts have found financial advisors to be negligent in the handling of the investors funds. This was not the case in the recent decision from Ontario in Erst v. Royal Mutual Funds Inc. 2011… Read more

Transfer of Land to Minor Nephew For No Consideration Upheld as Valid Gift

Transfer of Land Wong v Huang 2012 BCSC 975  involves a case where the court upheld the transfer of a haft interest in a house as joint tenants between an elderly man and his 6 year old great nephew, the grandson of the plaintiff’s brother…. Read more

No Punitive or Aggravated Damages In Wrongful Death Claims

No Punitive or Aggravated Damages In Wrongful Death Claims Glenn v Seair Seaplanes and others, 2012 BCSC 1726  arises from a seaplane crash in November  2009. The action has been brought against the owner and operator of the seaplane, Seair Seaplanes Ltd. and the pilot, Francois… Read more

Doctors Speak a Different Language

Doctors Speak a Different Language I had the benefit of recently hearing prominent geriatric psychiatrist Dr. Donnelly. She discussed various aspects of testing for mental capacity and in particular when dealing with the legal profession in seeking a medical opinion about same. Mental capacity is  a… Read more

Letters of Administration Revoked For Failing To Satisfy Test of Common Law Spouse

Letters of Administration Revoked For Failure to Prove Common Law Spouse Marriage Like Relationship Souraya v Kinch 2012 BCSC 1252 involves a case where the grant of letters of administration revoked on the basis that the deceased’s alleged common-law spouse,failed to  prove that she met the … Read more

Crime Does Not Pay In Estate Inheritances Unless Criminally Insane

Estate Inheritances Yesterday I blogged about who were nieces and nephews in the Re Holmes Estate. One of the interesting side issues of the Holmes Estate case was that pursuant to the deceased’s will, if any of the 2 testator’s nieces or nephews predeceased the… Read more

Ontario Court Upholds Award Against Losing Party of Over $700,000 in Costs For Frivilous Action

Costs For Frivilous Action The recent Ontario decision involving Smith Estate v Rotstein 2012 CarswellOnt 9064, provides a detailed examination of recent awards for court costs involving lengthy but frivolous action estate litigation fights. Here a sibling engaged in lengthy and complex litigation alledging undue… Read more

Court Inherent Jurisdiction to Protect Those Who Need Protection

 Supreme Court Inherent Jurisdiction to Protect Those Who Cannot Protect Themselves Referring  again to the Kenny Ng case, the wife as committee for the person of Kenny, had decided after seven years of him being in a coma,to remove his life support system. His family applied… Read more

Adverse Inference For Failure to Call Certain Evidence

There are certain cases where it is simply necessary and expected to call a particular witness who might have extensive knowledge as to the facts in question, and failing to do so, will lead the court to draw an adverse inference as to what that… Read more