Joint Bank Holder Not Liable For Breach of Fiduciary Duty

Estate of Annie Mackay v Mackay 2015 ONSC 7429 held that  anon contributing joint bank acco8unt holder with her mother , who paid herself to manage the bank account, was held not liable for breach of fiduciary duty. No specific terms of payment were ever… Read more

Laches

Laches was discussed and rejected by the court in Grewal v Khakh 2016 BCSC 2055, where the court quoted the Supreme Court of Canada : 52           In  M. (K.) v. M. (H.), , [1992] 3 S.C.R. 6, [1992] S.C.J. No. 85 (S.C.C.) at para. 98, where… Read more

Probate Revoked For Improper Service

Al- Sabah Estate 2016 BCSC 1781 both have a probate revoked and removed the administrator for both failing to disclose important information to the court as well as sending the required probate notice to her close relatives at addresses that were mostly incorrect and could have… Read more

Tracing Converted Assets

  Converted assets can be traced and reclaimed under certain circumstances if they can be identified. For example a bank account of cash can be converted into a stock portfolio which in turn is used to buy a house that is subsequently sold and put… 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

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

Promissory Estoppel Revisited

The BC Appeal Court in Cowper-Smith v Morgan 2016 BCCA 200 allowed an appeal in part to over turn the successful  the claim brought for promissory estoppel at trial by finding that the claim should not be allowed where a non owner of property gave assurances… Read more

Value of Contribution

The Value of Contribution of a parties to the acquisition or improvement of  an asset does not have to be in money and can take  various individual forms as was discussed in Mac v Mak 2016 BCSC 1140. The Courts have to scrutinize the relationship… Read more

Legal v. Beneficial Title, The Difference

The legal principles of the registered owner of legal title versus the beneficial title of the property is poorly understood . It is very simple, especially given how common it appears to be that  property truly or beneficially owned by one party , but registered at… Read more

Adverse Possession

Mowaqtt v BC Attorney general 2016 BCCA 113 dealt with a long established principle of  adverse possession  relating to  squatters long time  use of  property that had  escheated to the crown .  A claim of squatters to  legal entitlement to a parcel of property  occasionally occurs… Read more

Separation Agreement and Constructive Trust

In Schiller-Arsenauult v Proudman 2015 BCSC 1924 , the deceased after her divorce overlooked changing her designated beneficiary of her insurance policy from her ex husband to her sister, who was also the residual beneficiary of her will. The Court found that the ex husband in… Read more

Forgot to Change the Insurance Beneficiary?

Many separated spouses simply fail to change the designated insurance beneficiary from their former spouse to a new party. I know of what I speak, as I only realized 10 years later that I had done the same thing. It is easy to do. Schiller-… Read more

Doctrine of Laches

Laches is based upon the  equitable principle that aids the vigilant and not those who slumber on their rights. It is defined as neglect to assert a right or claim which, taken together with the lapse of time and other circumstances, caused prejudice to the… Read more

Public Policy – An Unsung Hero

Public policy in the courts is very much an unsung hero in the history of the common-law which we inherited. Many social issues for centuries have been dealt with by unbiased, non-political judges asserting their opinions on issues of morality which the Court intends or… Read more

Charging Orders

Charging liens, aka charging orders,  is an equitable remedy available in certain situations to creditors to collect a debt for services rendered.   The following extensive materials are taken from the Law Society of British Columbia’s Practice Resource materials 2013, available on line. They are… Read more