Witness Immunity and Republication of Judgements

Witness Immunity and Republication of Judgements

I have on occasion received letters from parties involved in litigation that I have blogged about demanding that I remove the blog because of involving their name, however the law is clear that republication of a judgment without amendment or commentary that remains in force… Read more

Suicide Note Found to Be Valid Will Under S 58 WESA

S 58 WESA and Suicide Note Found to be Will In an uncontested application Re the Estate of David Woolrich, deceased Vancouver Registry V140043 ( unreported dated January 21,2015, ), Justice Russell approved a short 4 page hand printed suicide note of the deceased as… Read more

UBC Property Transfer Set Aside For Being a “Fraud On a Power”

Fraud On a Power It is a fraud on a power contained in a will to use a society created in accordance with the terms of the will to achieve indirectly the transfer of property to a non-object of that power which could not be done… Read more

Robin Williams Estate In Litigation – Is Anyone Surprised?

As Reported in Todays The Telegraph. Robin Williams Estate In Litigation The widow of Robin Williams is locked in a bitter legal dispute with the late actor’s children over his estate, leaving them “heartbroken” over her “greed”. Susan Schneider Williams, the comedian’s third wife, has… Read more

The Differences Between Joint Bank Account and Joint Property

There are some particular features of a joint bank account that distinguish it from a joint tenancy in real property and these have been discussed by our Court of Appeal (Bergen v. Bergen, 2013 BCCA 492): ( see my blog on Bergen dated August 26.14… Read more

The Principles of Interpreting a Contract

Interpreting a Contract Parties often cannot agree on what the contract between themselves actually meant, so principles of contract interpretation have developed over years. The principles of interpreting a contract were clearly articulated by the Court of Appeal in Athwal v. Black Top Cabs Ltd.,… Read more

Mental Capacity Required For a Will Is the Same as Inter Vivos Transfer

 Mental Capacity Required For a Will   Brydon v Malamas 2008 BCSC 749 at paragraph 47 confirms that the test for mental capacity for an inter vivos transfer ( while  alive), is the same as the test of testamentary capacity, including the shifting of the… Read more

Removal of a Notice of Intention to Dispute Under WESA

Re Richardson Estate 2014 BCSC 2162 also dealt with the new WESA rules relating to the removal of a Notice of Intention to Dispute ( the former probate caveat), finding that the test is whether it is in the best interests of the estate to… Read more

Court Refuses to Amend Purpose of Charitable Trust

Court Refuses to Amend Purpose of Charitable Trust   Mulgrave School Foundation  2014 BCSC 1900 involves a case where for donors made gifts totaling $1.1 million to the petitioner school foundation, specifically to support the scholarship program. The Petitioner  school applied instead to use the funds… Read more

The Standard of Review By Appeal Courts of Lower Court’s Decisions

The BCCA in Re Korol 2014 BCCA 380 recently examined the standard of review of an appellate court of a lower court’s decision in light of the following  SCC case of Penner v Niagara Regional   An Appeal Court’s standard of review of discretionary decisions… Read more

Certificates of Pending Litigation (CPL’s) To Tie Up land

Certificates of Pending Litigation REPRINTED FROM CARSWELLS NOTES AND RELATING TO ONTARIO LAW ( SIMILAR  BUT NOT IDENTICAL TO BC LAW)   “Certificates of pending litigation (or lis pendens) (“CPL”) are often-used tool in order to preserve real property and unregistered interests in such property. The test… Read more

Elderly spouse

Commonlaw Elderly Spouse and Wills Variation Act

Commonlaw Elderly Spouse And the Wills Variation act   McFarlane v Goodburn Estate 2014 BCSC 1449 involved a plaintiff and testator, both widows and in their mid-60s to began to live together in 2000. They were both financially independent, and the evidence was clear that… Read more

Appeal Court Allows Trusts to Be Interpreted re Their Meaning

BC Appeal Court have jurisdiction to construe a Trust Deed. See Donovan W.M. Waters, Mark R. Gillen and Lionel D. Smith, Waters’ Law of Trusts in Canada, 4th Ed. (Toronto: Thompson Reuters, 2012) at 1165-66. See also Engelman v. Engelman (1986), 23 E.T.R. 30 (B.C.C.A.) at… Read more

Executor’s Obligation to Disclose Documents In Estate Litigation

 Executor’s Obligation to Disclose Documents In Estate Litigation   Wang v Christie Estate 2014 BCSC 1574 confirms and discusses what I would have considered to be trite law in that once an executor named as a respondent in a civil wills variation claim is served… Read more

Court Determines Rights Between Two Competing Powers of Attorney Spouse vs Daughter

Powers of Attorney Spouse vs Daughter   Sommerville v Sommerville 2014 BCSC 1848 involved a court application wherein the deceased gave both his surviving widow and his daughter separate powers of attorney that could be used individually. The facts are somewhat complicated given that the… Read more