Disinternment aka Exhumation

Disinternment aka Exhumation

Disinternment , also known as exhumation of human remains is provided in the provision of the Cremation, Internment and Funeral Services Act SBC 1974. At common law a duty is imposed upon an executor to see that the deceased is buried in a manner befitting his… Read more

Mental Incompetency and the Patient's Property Act

The Purpose of Obituaries

Obituaries are news article that report the recent death of a person that typically accounts for the person’s life, family members, glowing tributes , noteworthy achievements  and   information about an upcoming funeral service. It could be said that the main purpose of an  obituary is  to honour and… Read more

Funeral Service

Funeral Service

It is surprisingly common for loved ones of a deceased person to argue or even litigate over the funeral service and disposition of the remains of a deceased person. One of the leading cases in BC is Kartsonas v Kartsonas Estate 2010 BCCA 336 where… Read more

Measuring Tort Damages

Measuring Tort Damages

In Trotter –Brons (Litigation guardian) v Corrigan 2016 BCSC 1891 the court sets out the rule for measuring tort damages. Action was brought pursuant to Family Compensation Act for damages arising from deaths of infant plaintiff’s biological parents who were killed in motor vehicle accident… Read more

Survivorship Rules Under WESA

5 Survivorship Rules Under WESA

Survivorship is concerned with the factual question of determining the order of death in a common disaster between family members . Much of estate law is based on a body of law and statutes that govern the law of succession- the transfer of personal wealth… Read more

Family Compensation Damages Limited to Wrongful Death

Family Compensation Damages Limited to Wrongful Death

BC families are precluded from recovering damages for harm caused to a family member unless the family member actually dies as per the provisions of the Family Compensation act. In Henry v Province of British Columbia, 2016 BCSC 1038  Chief Justice Hinkson stated: ‘ Neither… Read more

Everything to Fido

Pet Law: Everything to Fido

In the early 1990s I was consulted by executors of a deceased doctor who died without a spouse or children, and left her at that time large estate of $1 million to her two dogs and four cats in trust for their lives, and upon the death… Read more

Living Wills – Are They Worth Anything?

Living Wills This news article taken from the National Post dated March 5,15 casts doubt on what value if any there is in living wills. In theory, the commonly used form of a BC living will refers to not being kept  kept alive by heroic measures… Read more

BC CEAS Is a Wealth of Free Legal Information On Elder Law

The BC Centre For Elder Advocacy and Support (BC CEAS) website contains a Wealth of Free Legal Information on Elder Law Issues.   I have taken the liberty of copying their excellent article on basic Power of Attorney information as an example of the quality… Read more

Calaculating Damages In Wrongful Death Cases

  Panghali v. Panghali, 2014 BCSC 647,  involved the court awarding a 10-year-old girl approximately $500,000 in damages for the wrongful death  of her mother who was murdered by her husband, and showed how the courts calculate damages in wrongful death cases. As referred to… Read more

Damages For Wrongful Death-The Family Compensation Act

Damages totaling almost $500,000 were awarded this week to a 10-year-old child arising out of the wrongful death arising from the murder of her mother by her husband. The damages were awarded pursuant to the Family Compensation Act, R.S.B.C 1996, c. 126 [FCA].   For… Read more

Right to Die

Right to Die Cases Are Proliferating Family asks court to let Abbotsford woman die under terms of her living will. Nursing home has refused to stop spoon-feeding woman in vegetative state from advanced Alzheimer’s BY KEVIN GRIFFIN, VANCOUVER SUN Handout photo of Margot Bentley. In… Read more

Right to Die Case in UK Goes to Britain’s Highest Court

From the BBC re the Right to Die Case in UK Campaigners for the right to die are to have their arguments heard by the Supreme Court in the latest round of their legal battle. It involves family of the late Tony Nicklinson of Wilts, who… Read more

Euthanasia For Terminally Ill Children Proposed In Belgium

Euthanasia For Terminally Ill Children Proposed In Belgium. Further to my blog of a few days ago, Belgium is once again in the news as it is close to introducing legislation to grant euthanasia for terminally ill children, thus breaking what has been almost a… Read more

Belgium’s Liberal But Controversial Euthanasia Laws

Euthanasia Laws “Death by Doctor” as euthanasia is often known, is strictly illegal in Canada. Belgium however has in recent years enacted perhaps the world’s most liberal euthanasia laws. It is one of three countries along with the Netherlands and Luxembourg who have legalized euthanasia… Read more