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

Pleadings

The Public Guardian and Tristee for BC v Johnston 2016 BCSC 1388 discusses the requirements of proper pleadings and when the Court may intervene to strike out , stay the proceedings, or amend the pleadings of a party. An application was brought under Rule 9-5… Read more

Inherit Millions

Baby Could Inherit Millions if Proved to be Daughter of Slain Vancouver Man

A Chinese woman trying to prove her baby daughter has sole claim to the fortune of a slain West Vancouver millionaire has won her bid for a paternity test. Baby could inherit millions. A new British Columbia law says the child stands to inherit everything if… Read more

Dysfunctional Families – Shunning

Of the many dysfunctional families cases that I have handled, the most insidious was that of a teenage girl who accused her grandfather of molesting her only to find out that she became  shunned by her entire family, all while continuing to live in the… Read more

Adoption Purposes

Adoption is for all purposes. I advised a legal enquiry today that he could not claim aginst the estate of his natural father (birth  parent”) since he had been adopted by another party and that for estate claims, his adoption was for “all purposes”. Section 3 WESA re… Read more

Bigbucks

B.C. Backs Baby’s Bid for Bigbucks

Court orders DNA test for child who may inherit Bigbucks $50M A Chinese woman trying to prove her baby daughter has sole claim to the fortune of a murdered West Vancouver millionaire has won her bid for a paternity test. A new British Columbia law… Read more

Gold-Digger Syndrome

Signs of Gold-Digger Syndrome

Berger was advised to challenge her father’s will not on grounds of “undue influence” but under a section of the B.C. Wills Variation Act that says a “judicious parent” bears a responsibility to provide for biological sons and daughters even if they’re adults. Vancouver lawyer… Read more

Disabled Adult Succeeds Wills Variation

Willott v. Willott Estate 1997 CarswellBC 2016, [1997] B.C.J. No. 2073, 20 E.T.R. (2d) 211 is a 1997 wills variation action where a deceased parent’s estate was required to pay additional monies to a disabled son who unable to work, survived on a small disability… Read more

Adding a Party to an Action

Stewart v. Stewart 2016 BCSC 1576 dealt with an application to adding a party to an action under  Rule 6-2(7)(b) and (c) of the Supreme Court Civil Rules, B.C. Reg. 168/2009. The applicants were beneficiaries under two  trusts settled by the deceased. The total value of… Read more

Dysfunctional Families – Scapegoat Child Sues Parents and Wins

Scapegoat Child Sues Parents and Wins. I came across a case from 1994 where a 20 year old plaintiff who was abused, neglected and generally “scape- goated “throughout his childhood successfully sued his parents for their infliction of years of physical and mental abuse upon… Read more

What is a Discretionary Trust?

The BC Court of Appeal in Putzki v Saunders 2016 BCCA 344 examined the nature of a family property trust and discussed what is a discretionary trust. A discretionary trust is commonly used in estate planning often  when dealing with infants, disabled people on a government… Read more

What Is a Trust?

Society of Notaries Public Bc v The Law Society BC 2016 BCSC 1558 provides a definition of what is a trust that has been approved by innumerable courts. What Is a Trust? In Waters’ Law of Trusts in Canada (4th ed. Waters, Gillen and Smith,… Read more

A History of Constructive Trust

The BC Court of Appeal in BNSF Railway v Teck Metals Ltd 2016 BCSC 350 the court delivered the following brief summary of the history of constructive trust as an equitable remedy: Constructive trust. Academic writers seem to agree that this type of trust developed… Read more

Will Varied to Give Daughter Entire Estate

Hagen-Bourgeault v. Martens 2016 BCSC 1096 varied a will (S. 60 WESA) to give a 25 year old daughter with two young children on social assistance, the entire estate of $2,200 per month until 2025, instead of her husband of two years who was well… Read more

Rebutting the Presumption of Resulting Trust

Rebutting the Presumption of Resulting Trust  discussed in Mac v Mak 2016 BCSC 1140. [122]     If the presumption of resulting trust arises, it may be rebutted by evidence of the transferor’s intention at the time of transfer to grant beneficial ownership to the recipient of… Read more