The Disappointed Beneficiary vs the Negligent Lawyer

A disappointed beneficiary is one who fully expected to inherit, should have inherited, but due to the lawyer’s negligence in failing to prepare and have the will executed by the testator in a “ timely manner”, the testator in the interim dies without having ever… Read more

Wills, Estates and Succession Act (WESA) To Come Into Force In Spring 2014.

The long awaited Wills, Estates and Succession Act (WESA) legislation is expected to come into effect within the next 5-6 months with an amalgamation of the Estate Administration Act, The Wills Act, The Wills Variation act rolled into one new overhauled statute. Initially the legislation… Read more

Seeking Court Directions By The Executor/Administrator

Executors often do not know what to do and may be faced with decisions that are difficult to make without Court guidance. Where there is no certainty in the law, and no consensus amongst the beneficiaries affected, the Executor has recourse to the court by… Read more

Doctors Cannot End Life Support Without Consent- SCC

The Supreme Court of Canada has ruled that doctors cannot unilaterally choose to end life support services for Hassan Rasouli, an Ontario man who has been comatose since 2010. In a 5-2 decision, justices for Canada’s highest court ruled doctors must first obtain consent from… Read more

Molester’s Transfer of Assets to Avoid Victim’s Judgement Set Aside As Fraudulent

Kirk ( Guardian ad litem of) v Kirk estate 2012 BCSC 1346 The infant plaintiffs, through their father, were the granddaughters of the deceased, and claimed general damages against their grandfather for his assaults upon them. On 30 October 2009 grandfather wrote a letter to… Read more

Appeal Court Strikes Down “Death With Dignity” Assisted Suicide

Death With Dignity Carter v Canada (Attorney General) 2013 BCCA 435 The plaintiffs Ms. Carter and Ms. Taylor, both of whom suffered from intractable and progressive diseases and are now deceased, joined with others in bringing this civil claim challenging the constitutionality of the Criminal… Read more

Judge Tells Man He Must “Stay Dead”

Dead Man Walking: Judge Tells Man He Must Stay Dead 10/10/13, 7:11 PM EDT (Credit: Hancock County Juvenile Court) Legally, Donald Miller is dead and he’s staying that way in the eyes of the law. An Ohio judge told him so in court this week. Miller,… Read more

The Equitable and Discretionary Remedy of Rectification

Rectification: The Governing Legal Principles The Ontario case of Kanji v Canada Attorney General 2013 ONSC 781 provides a good review of the law of rectification of a mistake. A taxpayer attempted unsuccessfully to rectify a trust that was going to incur a great deal… Read more

Live In Caregiver Awarded Wages of Half What Outside Service Would Charge

Foreman v. Reid2010 BCSC 228 The case is largely reported as one of undue influence and testamentary capacity, but the defendant counter claimed for an award of damages based on unjust enrichment, for a reasonable fee for the care giving services provided for over 5… Read more

Only Committee Under Patients Property Act Can Sue On Behalf of the Patient

Daum Estate v Sovereign General Insurance Co. 2012 BCSC 1052  discusses how only the committee of a patient under the Patients Property act can enforce the provisions of a contract on behalf of the patient, and no one else. The Public Guardian and Trustee took… Read more

Are We Hard Wired to Litigate Over Estates?

Litigate Over Estates When Billionaires are willing to air their family laundry over inheritances, it makes one reflect on do these people ever have enough money? The Revlon Heiress Ms Perelman is suing her uncle over her grandfather’s will alleging that his son used undue… Read more

The Maxim “Falsa Demonstratio”

The phrase falsa demonstratio (non nocet cum de corpore constat), is a legal maxim that means a false description doesn’t void a document if the intent is clear. It is sometimes used to correct an obvious mistake. The maxim falsa demonstratio, defined in Black’s Law… Read more

Rebutting the Presumption of a Resulting Trust

Dhaliwal v Ollek 2012 BCCA 86 discusses rebutting of the presumption of a resulting trust, and upholds that the recipient done bears the onus of proof, on the balance of probabilities, to rebut the presumption of a trust and to attempt to prove a gift…. Read more

Adventures in the Middle East

In July 2003 I had occasion to visit both Dubai and Tehran in the middle east on a working holiday. This article is a commentary on my observations and experiences on what turned out to be an amazing adventure. I am looking forward to returning… Read more

Dismissal of a Court Action For Inordinate Delay

Dismissal of a Court Action The relevant principles were summarized and restated in 0690860 Manitoba Ltd. v. Country West Construction Ltd., 2009 BCCA 535 at paras. 27 – 29, as follows: [27] These cases suggest to me that a chambers judge charged with the hearing… Read more