Joint Tenancy Severed By Conduct

Joint Tenancy Severed By Conduct Lescano v Unlu 2016 BCSC 1535 is a case exemplifying how conduct of joint tenants that is inconsistent with joint tenancy can have the legal effect of severing the joint tenancy into a tenancy in common.   The court found… Read more

Adding Defendants

Stewart v. Stewart  2016 BCSC 1576 was a contested application for adding defendants to a court action commenced by one of four children to wind up a trust.   The application to add the remaining three children as defendants was opposed on the basis that… Read more

Leave to Appeal

The legal test for leave to appeal was restated in Ho Estate v. Ho 2016 BCCA 253 , upheld at 2016 BCCA 378, where the decision of one appeal judge was upheld by a panel when he refused leave to appeal on the basis that… Read more

Entered Court Orders

The Court does not have jurisdiction  to re open entered court orders but may vary the order where has been a change of circumstance. The court refused to re open or vary an entered court order in Sugrim v Sugrim 2016 BCSC 1644 when after entering… Read more

Civil Conspiracy

    Klaus v. Hamilton, 2015 BCSC 2386 involved a claimant who sued alleging he was a spouse of the deceased, for a variance of her will and for damages for civil conspiracy for alleging he was not a spouse.     The tort of… Read more

Mandatory Injunctions – Harm Must Probably Occur

McLean v. Law Society of British Columbia 2016 BCCA 368 reviewed the law on injunctions and held that the court should only grant a mandatory injunctions when the harm complained of would probably occur.   [17]        Both declarations and injunctions, speaking as they do… Read more

Court Discretion In Wills Variation Claims

In wills variation cases now brought under S. 60 WESA , the judge has “entire discretion” in deciding pro or against a claimant on its findings of fact. In Swain v Dennison 1967 SCR 7 the Supreme Court of Canada held that the jurisdiction of… Read more

Gift or Loan?

It is often difficult for the court to determine if advancements of funds from one party to another done orally and without witnesses is a gift or loan. Rosas v. Toca 2016 BCSC 1754 dealt with such a situation. The plaintiff won over $4 million in… Read more

Court Rewrites Will

Court Rewrites Man’s Will to Include Daughters

Court Rewrites Man’s Will to Include Daughters Son was named as sole beneficiary until judge intervened Where there’s a will, there’s a way to have it overturned. A B.C. Supreme Court Judge has ordered a man to a split his late father’s estate, despite the fact… Read more

Court Overturns

Court Overturns Man’s Will on Moral Grounds

The Bc Court over turned and varied a will where his four daughters had been left with nothing. William Werbenuk died more than two years ago with just enough money in the bank to pay for his funeral. The 86-year-old widower’s will gave all assets… Read more

S 151 WESA – Court Allows Applicant to Sue as Executor

Werner v. McLean 2016 BCSC 1510 granted relief under S 151 WESA that the applicant be authorized to bring court action in the name of and sue on behalf of the personal representative of the estate as executor.   The court approval was in order to… Read more

Judgement Does Not Sever Joint Tenancy

The registration of a judgement against one owner of a jointly owned property does not sever joint tenancy. If the only asset owned by the judgement debtor is the joint tenancy property, then registration of the judgment against the interest of the debtor will not… Read more

Deceased Assets Vest In Executor

A deceased person’s assets vest in his or her executor or administrator after death. If an executor is removed or renounces the new executor/trustee then holds the assets in trust as they now vest with the new executor/trustee. Browne v Browne Estate 2015 BCSC 28,… Read more

abandoned

Disinherited Daughter Fought Back

Disinherited Daughter Fought Back Disinherited Daughter. Like Cinderella, the little girl named Margaret worked to earn her room and board. She washed and swept and did what she was told. By the time she was five years old, her mother already passed her from home… Read more

Mentorship Revisited

Mentorship Revisited

The beacon of hope shines on in the practice of law Three years after our article, “Mentorship: A Beacon of Hope in the Practice of Law” was published in the June 2011 issue of BarTalk, much has evolved in our mentor association and in our… Read more