Court Pleadings

Court pleadings must briefly limit the issues of fact and law with certain clarity so as to give the opposing party sufficient notice of the case to be met at trial. The law relating to pleadings was reviewed in the Public Guardian and Trustee BC… Read more

Standing In Public Interest Concerns

Standing In Public. The issue of public interest concerns standing, being the capacity through proper connection  to bring a court action, was canvassed in Trial Lawyers of BC v BC Attorney general 2016 BCSC 1391 by Hinkson CJBC:   [8] The defendants assert that the… Read more

Unconscionable

In the course of a complex almost month long matrimonial trial, the argument was raised with respect to the marriage agreement that it was unconscionable in its terms. The court concluded that it was not unconscionable. S. ( H.S.) v D. ( S.H.) 2016 BCSC… Read more

Executor/Trustees Fees

Zadra v Cortese 2016 BCSC 390 dealt with a passing of executor’s accounts before a registrar to determine the amount of executor/trustees fees for handling a complex estate for ten years but delegating most of the work to professionals. The value of the estate increased… Read more

Court Termination of Representation Agreements

Baker-McGrotty v Baker 2016 BCSC 699 discuss when the court will exercise its discretion to NOT terminate representation agreements after the appointment of a committee under the Patients Property Act.   26 Section 19 of the Patients Property act provides as follows: 19 On a… Read more

Who Should Be Appointed Committee

The thorny topic of  who should be appointed Committee was discussed in Baker-McGrotty V Baker 2016 BCSC 699. The case involved a representation agreement appointing a care giver but was signed when the patient was severely cognitively impaired, so it was suspect in it’s validity…. Read more

Joint Tenancy, Tenancy in Common and the Right of Survivorship.

The BC Appeal Court in Zeligs Estate v Janes 2016 BCCA 280 had the following to say about Joint Tenancy, Tenancy in Common and the Right of Survivorship.   As people age they often transfer property gratuitously to their adult children, and then hold it… Read more

Summary Trial In Court’s Discretion

Whether or not a case is suitable or not to be decided by way of a summary trial is a matter of the court’s discretion depending on an a number of factors. Cotter v Point Grey Golf and Country Club 2016 BCSC 10 summarized the… 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

Witness Credibility

Witness credibility is essential to winning at trial as if a Judge does not believe your client or the witnesses then you will most certainly lose the case. I have joked for years that the competing stories in estate dispute cases are so diverse that I… Read more

Value of Contribution

The Value of Contribution of a parties to the acquisition or improvement of  an asset does not have to be in money and can take  various individual forms as was discussed in Mac v Mak 2016 BCSC 1140. The Courts have to scrutinize the relationship… Read more

Abuse of Process

Many estate litigation claims and counterclaims contain far too much emotional distortion so as to become frivolous, vexatious, unnecessary and otherwise an abuse of process that upon application, may lead to those portions of the claim found to be such to be stricken or dismissed entirely…. Read more

Statutory Presumption of Indefeasible title

British Columbia with its Torrens land title system as a statutory Presumption of Indefeasible Title that can be rebutted by  a resulting trust .   The following extract is taken from Mac v Mak 2016 BCSC 1140:   [107]     The starting point is the presumption… Read more

Legal Research Taxable Disbursement

Legal Research was allowed to be a taxable disbursement by the Court of Appeal . BCCA Registrar Confirms That On Point is “Far More Than Simply Legal Research” ( This blog is thanks to Onpoint Legal Research who I have happily used for over ten… Read more

Interpretation of Court Orders

Interpretation of Court Orders occasionally arises in estate litigation where poorly drafted previous orders may require subsequent interpretation. Basically it is the same basic law as interpreting a contract. In Athwal v. Black Top Cabs Ltd., 2012 BCCA 107 (B.C. C.A.) [ the Court of… Read more