The Equitable Defence of Laches and Acquiescence | Disinherited

The Equitable Defence of Laches and Acquiscence

The equitable defence of latches and acquiescence serve to protect parties from claims were either by the lengthy delay in proceeding with the claim, a plaintiff’s conduct, a defendant’s reliance, or a combination of any one or more, cause it to be inequitable to permit… Read more

Privilege: Documents Made In Contemplation of Litigation

Privilege: Documents Made In Contemplation of Litigation

In Hamalainen (Committee of) v. Sippola (1992) 2 WWR 132 the BC Court of Appeal outlined the law relating to privilege for documents that are prepared in contemplation of litigation. At issue is whether an insurance adjusters reports respecting a car accident that denied the… Read more

The Equitable Doctrine of Rectification | Disinherited Vancouver

The Equitable Doctrine of Rectification

Rectification is an equitable remedy that can be granted were a mistake, either mutual or unilateral, has been made a legal document that does not accord with the true intention of the parties. Rectification is not a do over and like many equitable remedies, is… Read more

The Doctrine of Clean Hands

The Doctrine of Clean Hands

A well-established principle of the law of equity is the doctrine of clean hands which states “he who comes into equity must come with clean hands.” The clean hands doctrine serves to deny equitable relief for the misdeeds or misconduct as an immediate and necessary… Read more

Wills Drafting 101 | Disinherited Vancouver Estate Litigation

Wills Drafting 101

The cardinal rule of wills drafting is that there is no such thing as a “simple will.” There is a tendency amongst some wills practitioners to underestimate the difficulty of drafting a proper will. Many practitioners still seemingly believe in the myth of the “simple… Read more

Enforcing Settlements and Settler's Remorse | Disinherited

Enforcing Settlements and Settler’s Remorse

Sojka v Sojka 2018 BCSC 562 reviews the law with respect to enforcement of a settlement reached at a mediation where both parties were represented by counsel, and one party attempted to renege on the agreement by utilizing what the court regarded as “settler’s remorse.”… Read more

Registrar's Report Confirmation Hearings | Disinherited Vancouver

Registrar’s Report Confirmation Hearings

Narwal v Narwal 2018 BCSC 1561 discusses the law relating to approval of the registrar’s inquiry and recommendation by a Supreme Court judge in what is known as a confirmation hearing. It is a very common legal procedure to have matters involving such issues as… Read more

Publication Bans | Disinherited Vancouver Estate Litigation

Publication Bans

Toronto Star Newspapers Ltd v Sherman Estate  2018 ONSC 4706 involved the sensational murder of two wealthy Torontonians where the courts weighed the deleterious effects of applying publication bans to protect files. The court concluded that any deleterious effect of a publication ban was substantially… Read more

Money Paid By Mistake (Money Had and Received) | Disinherited

Money Paid By Mistake (Money Had and Received)

Newman v Beta Maritime Ltd 2018 BCSC 1442 discussed the situation where money “had and received” is a cause of action which is available where money was paid by mistake, acquired by way of fraud or paid under duress. The issue of the law relating… Read more

Probate Fees and Capital Gains Taxes | Disinherited Vancouver

Probate Fees and Capital Gains Taxes

Re the Estate of Wilma Bouma 2018 BCSC 1466 involved in application brought by the administrator of the estate of the deceased for an order pursuant to section 2(4) of the Probate Fee act to increase the declared value as of death from $211,300-$315,000. The… Read more

Security For Costs Applications

Security For Costs Applications

Parmar v. Timothy Hunstsman Law Corp. 2018 BCSC 1151 involved a successful application by the defendant that the plaintiff post security for costs for the court action brought by the plaintiff, who lived in Illinois and had no assets in the province of British Columbia…. Read more

Admissions and Notices to Admit

Admissions and Notices to Admit are covered by rule 7-7 of the Rules of Court. A Notice to Admit is a very powerful and useful tool in civil litigation. Rule 7-7(1) relates to Notices to Admit and states as follows: 1) in an action which… Read more

Judicial Recusal | Disinherited Estate Litigation Vancouver

Judicial Recusal

The issue of judicial recusal recently made the British Columbia media when a provincial court judge appeared to have shed tears while hearing a victim impact statement prior to sentencing the accused.The defense counsel made a motion for the judge to recuse herself, which she… Read more

Production of Documents: Court Ordered Affidavit to Verify | Disinherited

Production of Documents: Court Ordered Affidavit to Verify

Grandmaison v Berkenbos 2018 BCSC 1329 reviewed the law relating to when a court will order an affidavit to verify the legal test for the court to order an affidavit verifying the production of a list of documents. The trial lasted 165 days, and involved… Read more

No Ademption of Gift in Will | Disinherited Vancouver Estate Litigation

No Ademption of Gift in Will

Re Wood Estate 2004 BCCA 556 at para. 1 describes the doctrine of ademption as “ a rule of the law of wills, whereby a specific bequests “adeems” or fails, if at the testator’s death the specified property is not found among his or her… Read more