Domicile

Domicile

Sato v Sato 2017 BCSC 1394 discusses in detail the legal issue of domicile. The issue was whether the deceased was domiciled in British Columbia at the time of his marriage to the plaintiff. If so his  2011 Will was revoked by operation of law…. Read more

Appeals From Master's Orders

Appeals From Master’s Orders

In Abermin Corp. v. Granges Exploration Ltd. (1990), 45 B.C.L.R. (2d) 188, 42 C.P.C. (2d) 25 (S.C.), Mr. Justice MacDonald succinctly set out the scope of review on an appeal from a Master’s order. He said at p. 31 [C.P.C.]: An appeal from a Master’s… Read more

The Test For An Injunction

The Test for an Injunction

Grieg v Kritikopoulou 2017 ONSC 4594 sets out the Supreme Court of Canada test for the granting of an interlocutory  injunction to restrain certain activity 11 The moving party must meet the following three-part test to success on a motion seeking an interlocutory injunction: a)… Read more

Litigation Guardian: Lawyers Can Assess Mental Capacity

Litigation Guardian: Lawyers Can Assess Mental Capacity

In Gengenbacher v. Smith, 2016 BCSC 1164, the court examined what is the test that a solicitor must satisfy to determine if the solicitor can represent an individual seeking to be a litigation guardian of an adult under a legal disability and determined that the… Read more

Same Sex Partnership: The Civil Marriage Act

Same Sex Partnership

Hinks v Gallardo 20114 ONCA 494 held that a British same sex partnership was a valid spousal marriage in Ontario and presumably also in British Columbia. A Canadian and a British citizen entered into a civil partnership under the Civil Partnership Act (UK) which created… Read more

Re-Opening a Trial: New Evidence

Re-Opening a Trial: New Evidence

Lambert v Peachman 2017 ONSC 4270 outlined the law relating to what is necessary in the form of new evidence to re-open a trial. Analysis 26      The principles and authority to re-open evidence of a trial are well established and noted by the Supreme Court… Read more

Sworn Financial Disclosure

Sworn Financial Disclosure

Shinder v Shinder 2017 ONSC 4177  sets out the importance of how sworn financial disclosure in family (and estate) court actions must be honest and complete as it is a “bedrock principle” that the parties are entitled to rely upon. The Supreme Court of Canada… Read more

B.C. Court Case Transferred to Alberta

B.C. Case Transferred to Alberta

In subsequent reasons for judgement Cresswell v Cresswell 2017 BCSC 1183 a BC Court ordered a court action transferred to Alberta after finding that the plaintiff did not have standing to bring the action in BC as she was ordinarily resident in Alberta, did not… Read more

Is it a Petition or Notice of Claim?

Petition or Notice of Claim?

Litigators must choose the appropriate forum to commence a court action: a petition or notice of claim. Most cases are commenced by the use of a notice of claim while certain types of cases may or must be commenced by petition. Carphin v Braich Estate… Read more

Understanding Inherent Jurisdiction of the Court

Inherent Jurisdiction of the Court

Mayer v Rubin 2017 ONSC 3498 dealt with the inherent jurisdiction of the court to supervise the management of estates, control its processes and protect those who cannot fend for themselves.  26      The court has broad and inherent powers to supervise the management of estates… Read more

Entering into Settlement Agreements

Settlement Agreements

Probably every litigator has had the experience of having entered into a settlement agreement only to have the opposing party attempt to repudiate the settlement agreement resulting in a court application to determine if the agreement is valid and enforceable or if it was successfully… Read more

Exclusion of a Party at Trial or Discovery

Exclusion of a Party at Trial or Discovery

Generally speaking a party to an action has the right to attend the entire trial or the examinations for discovery of other parties to the action and exclusion of a party is an uncommon event, but appropriate in some circumstances. The BC Court of Appeal case Sisson… Read more

Vexatious Litigant Enjoined From Further Court Actions

Vexatious Litigant Enjoined From Further Court Actions

A particularly frivolous and vexatious claim commenced by ” God, Prince Kitsilano, Skidegate-Sterritt Family, in James Sterritt and Marya Watson , on behalf of all Indians and Muslims was struck and the litigant barred from commencing further court actions without leave of the Supreme Court…. Read more

The Court Orders Mental Capacity Exam

Court Orders Mental Capacity Exam

In Re Singh 2017 BCSC 984 the court invoked its parens patriae jurisdiction and  ordered a 93 year old father to undergo a mental capacity examination by two geriatric doctors . Two of his six children claimed that their father was mentally incompetent to manage… Read more

Undue Delay: Equitable Defence of Laches

Undue Delay: Laches

Hrenyk v Preiss estate 2017 SKQB 151 contains a through discussion of the equitable defence of laches- the plaintiff’s undue delay in proceeding with a court action to resolution. 26 Laches is discussed in Ahone v. Holloway (1988), 30 B.C.L.R. (2d) 368 (C.A.), at page 378:… Read more