Unjust Enrichment in Common Law Relationships

The Ontario Court of Appeal in Reiter v Hollub 2017 ONCA 186 reviewed the law of unjust enrichment and dismissed a 6 year common law spouse’s claim that she should share in the increase in the property value of the matrimonial home owned by her… Read more

Parent Money to Children – Gift or Loan?

http://www.courts.gov.bc.ca/jdb-txt/sc/17/03/2017BCSC0319.htm Dheenshaw v Gill 2017 BCSC 319 deals with an increasingly commonly litigation problem- the advancement of large sums of parents money to their children and the subsequent determination whether  the monies were a gift or a loan when matters go ” sideways”. The court will look… Read more

Get Your Will Done Joke

This is especially for Seniors but also for those who have not prepared their Will!!     Mr. Smith is on his deathbed and knows the end is near. The nurse, his wife, daughter and 2 sons, are with him. He asks that 2 witnesses… Read more

“Adopted Out” Child Cannot Contest Biological Parent’s Estate Under Wills Variation

Boer v Mikaloff Estate 2017 BCSC 21 confirmed that an “adopted out” child cannot contest the will of the biological parent’s estate under S.60 WESA (the wills variation provision) when it answered the following posed question negatively:   Does a child who is adopted by… Read more

Taxation of a Lawyers Account

Lawyer client relationships sometimes go off the rails and a dispute may arise about an unpaid account. The remedy is taxation of the account before a registrar of the Supreme  Court and both the client and the lawyer have the right to have the matter… Read more

Gifts In Contemplation of Marriage

Gifts In Contemplation of Marriage. P.S. v H.R. 2016 BCSC 2071 involves a claim for the return of a gift ( a $17,000  engagement ring) made in contemplation of marriage arising from a whirlwind relationship of three months that abruptly ended due to the plaintiff’s… Read more

ReOpening a Case For New Evidence

B(K) v B(J) 2016 BCSC 1904 involved an application for reopening a case that had been decided and attempt to introduce new evidence as to the increased valuations of two properties.   The over riding test is  it in the interests of justice to do… Read more

Examinations for Discovery Ordered

Estate of Patricia Connor deceased,2016 BCSC 1934 dealt with the court ordering examinations for discovery and production of various documents in an action between half siblings of the deceased and a purported spouse of the deceased as inter alia the parties knew little to nothing… 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

Oral Marriage Agreement Upheld in Divorce

Brown v Brown 2016 BCSC 1037 held an oral marriage agreement made between the parties to be valid and upheld it in their contested divorce. The case reads of a high spending whirl wind of a marriage complete with a week rental  $1000 day Lambourgini by the… Read more

Mental Capacity Required to Marry and Separate Incorrect

The BC Court of Appeal was incorrect in finding that the mental test to marry and separate is a low one involving a “ simple” contract. As any of the legions of matrimonial lawyers will tell you, it may be easy to get into this… Read more

Unconscionable

In the course of a complex almost month long matrimonial trial, the argument was raised with respect to the marriage agreement that it was unconscionable in its terms. The court concluded that it was not unconscionable. S. ( H.S.) v D. ( S.H.) 2016 BCSC… Read more

“Family Cottage” Inheritances

I appeared along with Dawn Schooler of Jericho counseling on CBC radio Almanac show on July 18.16 for a discussion of the inherent problems of family inheritances of  the family cottage or any other recreational property. I prefaced my remarks by commenting that a recreational… Read more

Family Compensation Damages Limited to Wrongful Death

BC families are precluded from recovering damages for harm caused to a family member unless the family member actually dies as per the provisions of the Family Compensation act. In Henry v Province of British Columbia, 2016 BCSC 1038  Chief Justice Hinkson stated:   ‘… Read more

Dysfunctional Families – How To Recognize Them

As a boomer growing up in the Leave it to Beaver age, it was not until I practiced estate litigation exclusively  that I learned  to recognize dysfunctional families and the mess that they leave behind. ( typically my clients).  In discussing the family dynamic with many clients,… Read more