Civil Fraud

The tort of civil fraud (as opposed to criminal fraud)  was reviewed by the Supreme Court of Canada in Bruno Appliance and Furniture Inc. v Hyrniak 2014 SCC 8  and concluded there are four elements . 18      The classic statement of the elements of civil… Read more

Financial Abuse of the Elderly

Elderly people are  more susceptible to financial abuse and  fraudulent schemes such as telemarketers  and contest frauds . Due to medical, technological and public health advances, the life span of a typical North American male or female has increased from age 68 in 1950 to approximately 80++… Read more

Gift of House Upheld Trust

Franklin v Cooper 2016 BCCA 447 upheld a decision of the Supreme Court that the presumption of resulting trust applied and that the defendant daughter who received gift of house by her mother in joint tenancy, instead held the house in trust for the estate of their… Read more

Committeeship and the Patients Property Act

Re Haston 2016 BCSC 1962 is a good review of the law relating  to the appointment of a committee under the Patients Property Act, as well as the criteria for choosing the best party to be the committee. Once appointed the committeeship voids any Powers of… Read more

Fraudulent Misrepresentation

Jasmur Holdings Ltd v Taynton Developments Inc. 2016 BCSC 1902 reviewed inter alia the tort of fraudulent misrepresentation. 116.       The tort of fraudulent misrepresentation has four elements. They were recently summarized by the Supreme Court of Canada in Combined Air Mechanical Services Inc. v. Flesch,… 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

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

Litigation Loans

The spiralling costs of litigation has led to an increasing number of litigants and lawyers  having to seek litigation loans to fund the court case. It is not unheard of for personal 9njury lawyers to have a million dollars in out of pocket disbursement a… Read more

Who Should Be Appointed Committee (Guardian)

The vexing problem of who should be appointed the committee ( legal guardian) of a demented person under the Patient’s Property Act  RSBC often involves the worst of family ” tug a wars” over the financial  and personal affairs of a loved one.   The… Read more

Caregiver Found Liable

A caregiver was found liable in the amount of $136,000 in favour of a handicapped patient who could not manage money, as the caregiver breached her fiduciary duty owed to the plaintiff, and was unjustly enriched. see  Reeves v Dean 2012 BCSC 1425. The care giver was… Read more

Equitable Fraud

  Fraik v Pilon 2012 BCSC 528  discusses the concept of equitable fraud which does not arise perhaps as often as it should in reported case law.   Equitable Fraud [37]           In the context of mistake of contract as presented by the… Read more

When Caregivers Become Cruel and Abusive

When Home Caregivers Become Abusive My first realization of such a notion as a cruel caregiver was as a child watching the movie “Whatever Happened to Baby Jane” when Joan Crawford  is served a rat on a silver tray for lunch by her caregiving sister played… Read more

Beneficiary of Life Insurance Policy Wins

Milne Estate v Milne 2014 BCSC 2112 relates to a successful claim for the full value of an insurance policy that the deceased failed to maintain in favour of the beneficiary contrary to a court order. The Court reviews the principles of contract interpretation from… Read more

Deceit Can Shift Burden of Proof

The BCCA in Roy v Kretshmer 2014 BCCA 429 reviewed the law of deceit and held it can shift the burden of proof. It was  a vendor purchase case involving an exclusion clause that the plaintiff wished to overcome, and did so partially based on… 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