The Law of Partnership and Joint Venture

The Law of Partnership The requirements for establishing a partnership are set out in Blue Line Hockey Acquisition Co., Inc. v. Orca Bay Hockey Limited Partnership, 2008 BCSC 27 at paras. 35-56, afFd 2009 BCCA 34 I have quoted extensively from the judgement as it… Read more

Contingency Fee Agreement Not a Lottery

Contingency Fee Agreement -Not a Lottery Mide-Wilson v Hungerford Tomyn Lawrenson and Nichols 2013 BCSC 374 is a very interesting case relating to the intricacies of the “poor man’s key to the courtroom”, the contingency fee agreement is not a lottery for the lawyer. This… Read more

Consolidation For Trial of Separate Actions

Occasionally parties commence court actions relating to the same facts and issues, and the courts will under certain circumstances order that they be consolidated for trial and pre trial matters. Situations arise on occasion in litigation where one court action is commenced that has some… Read more

Expert Opinions In Records Are Generally Inadmissible Evidence

Expert opinions contained in the hospital records are generally inadmissible  Reid v Balcaen  2003 BCSC 1533, and Egli v Egli 2003 BCSC 1716. This is because hearsay evidence is not admissible for the truth of the contents unless it can be admitted by applying the… Read more

Judge Seeks To End Long Running Estate Trial of Thirty Court Actions

Long Running Estate Trial In a case he called “Ontario’s long running estate trial legal drama,” a Superior Court judge has declared a plaintiff who launched dozens of lawsuits in an estate dispute a vexatious litigant. The property at 140 Dunvegan Rd. in Toronto is… Read more

Introducing Fresh Evidence At An Appeal Hearing

Fresh evidence is not new evidence- fresh evidence existed at the time of the initial trial, but for various reasons could not be put before the court. New evidence is that which has become available subsequent to the trial, and is much harder to gain… Read more

Limitations Act -June 1.13

BC Limitations Act It is essential that each specific type of court action be brought within the time limits set by the statute of limitations, or the perspective claimant is “out of time”and barred from doing so. There are a number of substantial changes being… Read more

The Doctrine of Fraudulent Concealment Postpones a Limitation Period

The doctrine of fraudulent concealment  . . .  was succinctly articulated by Justice Dickson (as he then was) in Guerin v. Canada, [1984] 2 S.C.R. 335 at 390, 13 D.LR. (4th) 321: . . .  The fraudulent concealment necessary [to postpone a limitation period] need not amount to deceit… Read more

“Proprietary Estoppel” Can Be Used as a Cause of Action

The following extensive quote relating to the law of Proprietary Estoppel has been excerpted from the reason for judgement of Cowderoy v Sorkos Estate, 77 ETR (3d) 246, which was briefly blogged about on February 7.13 on this website.    P  68  “The modern doctrine… Read more

Parol Evidence Rule Not Permitted To Be Instrument of Fraud

“Parol evidence”‘ that is verbal evidence to show that the written contract was not the true contract,  admitted to prevent a fraud upon a trust. The BC Court of Appeal upheld the finding of a trust in the decision Bradshaw v Stenner 2012 CarswellOnt 1936… Read more

Beware The Words Issue Per Stirpes and Per Capita

Issue per stirpes and per capita should not be used when drafting wills. There seems no end to the ongoing litigation that arises in will interpretation cases due to the coontinued use of the legal terms” issue per stirpes” or “issue per capaita” and other… Read more

“Money and Cash” Interpretted In Will

“Money and Cash” Interpretted In Will The words used in many wills are often ambiguous or capable of different interpretations,which often then results in a court application to determine the meaning of the words used in the will. Such was the case with the use… Read more

Ontario Court Upholds Award Against Losing Party of Over $700,000 in Costs For Frivilous Action

Costs For Frivilous Action The recent Ontario decision involving Smith Estate v Rotstein 2012 CarswellOnt 9064, provides a detailed examination of recent awards for court costs involving lengthy but frivolous action estate litigation fights. Here a sibling engaged in lengthy and complex litigation alledging undue… Read more

Court Inherent Jurisdiction to Protect Those Who Need Protection

 Supreme Court Inherent Jurisdiction to Protect Those Who Cannot Protect Themselves Referring  again to the Kenny Ng case, the wife as committee for the person of Kenny, had decided after seven years of him being in a coma,to remove his life support system. His family applied… Read more

Adverse Inference For Failure to Call Certain Evidence

There are certain cases where it is simply necessary and expected to call a particular witness who might have extensive knowledge as to the facts in question, and failing to do so, will lead the court to draw an adverse inference as to what that… Read more