Who Should Be Appointed Committee (Guardian)

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 law re who… 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 abusive

Abusive Cargivers

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 by Bette Davis. This article… 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

One In Ten Seniors Suffer From Financial Abuse

The Vancouver Sun today reported that one in ten seniors will suffer from Elder Financial abuse, often at the hands of their closest loved ones.   “While a B.C. man was in hospital having brain surgery, his daughter was busy taking over his bank accounts… Read more

The “Badges of Fraud”

Fraud is a deception deliberately practiced in order to secure unfair or unlawful gain (adjectival form fraudulent; to defraud is the verb, and the Badges of Fraud are used by the court s as rough gauge as to whether Fraud exists in the situation or not.. As a… Read more

Seniors-Avoid Joint Bank Accounts

I have seen many seniors financially abused by setting up a joint bank account with a child/caregiver/neighbour/friend  who takes advantage to the point where I advise seniors to avoid their use. I recently came across a Maclean’s magazine article dated April 4, 2011 entitled “Signing… Read more

Fraudulent Conveyances

The British Columbia  Fraudulent Conveyance Act is a  statute designed to give a remedy to creditors frustrated in collecting their debts by a debtor who has disposed of his/her assets. The Fraudulent Conveyance act permits  a creditor to impugn or set aside a transfer of property, where… 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

The Remedial Constructive Trust

1. INTRODUCTION Constructive trusts have been evolving for more than two centuries. However, it has only been in the last several years that it is now developed to the point where it is almost impossible to predict and define all the circumstances in which its… Read more

Breach of Fiduciary Duty In Widow’s Reliance On Family

A breach of fiduciary duty was found when following her husband’s death, a widow relied upon  family members  to enter into improvident land transfers based on assertions that the widow relied upon. It is a fact that families financially abuse each other and often in the… Read more


Buccilli v Pillitteri 2012 ONSC 6624, is a misrepresentation case. It involved a family estate dispute after a tragic death where all the parties had a one third interest in a family business. After the deceased’s death, his surviving widow, on the advice of her… Read more