“Floodgates of Litigation” Held Specious

I discovered a 1992  court decision  debunking the theory of “floodgates of litigation “– a long time insurance industry alarm akin to the sky will fall, unless restrictions are put on various types of claims, usually through legislation or sometimes the courts, to limit the amount… Read more

Forcing Sale of a Jointly Owned Property

Co-owners of real property often find themselves in situations where one or more owners wish to or have to force a sale of jointly owned property, which is resisted by other co-owners. The courts generally speaking will grant an order forcing a sale of a… Read more

Court of Appeal Allows Courts to Interpret Trust Documents

Court of Appeal Allows Courts to Interpret Trust Documents   The almost chestnut re Engleman Estate 1986 23 ETR 30, BCCA, The will of the deceased made his two brothers co-executors and sole beneficiaries. A major asset of the estate was a farm on which… Read more

Probate Procedure When Four Wills In Dispute

Re Dow Estate 2015 BCSC 292 an issue of probate procedure arose  due to the fact that the deceased made four wills in the last 2 1/2 years of his life. The plaintiff was named as a beneficiary in the first and third wills, but not… Read more

UBC Property Transfer Set Aside For Being a “Fraud On a Power”

Fraud On a Power It is a fraud on a power contained in a will to use a society created in accordance with the terms of the will to achieve indirectly the transfer of property to a non-object of that power which could not be done… Read more

Appeal Court Disapproves Using Assessments To Value Property

Assessments To Value Property Dosanjh v Liang  2015 BCCA 18 disapproved of the use of using assessments to value property and prove damages in it’s valuation, and that the better practice is to use appraisers, especially for historical valuations. Here are excerpts paragraphs 57-70 that discus… Read more

Inheritance In Trust Taken By Trustee In Bankruptcy

A bankruptcy can over ride an inheritance, even when the inheritance is left in trust as per Bolt Estate 2014 BCSC 2095   A trust in a will provided that the un discharged bankrupt heir,  was to receive 1/4 of the capital at 26, the… Read more

The Differences Between Joint Bank Account and Joint Property

There are some particular features of a joint bank account that distinguish it from a joint tenancy in real property and these have been discussed by our Court of Appeal (Bergen v. Bergen, 2013 BCCA 492): ( see my blog on Bergen dated August 26.14… Read more

Courts Scrutinize Claims Against Estates

Claims Against Estates To Be Scrutinized   Miller v Miller ( 1987) 14 BCLR (2d) 42 at pa 451, and approved by other cases such as Friak v Pilon 2012 BCSC 528 state that claims against deceased persons must be approached by the courts ”… Read more

Disinherited.Com Likes Contingency Fee Cases

  A contingency fee basis agreement is a fee arrangement between a lawyer and client were typically the lawyer only receives a fee from the successful monies collected from a court action, with the usual motto being” no collection, no fees”. Such an arrangement is… Read more

Appeal Test For Reviewing Trials By Affidavit (Summary Trial)

Appeal Test For Reviewing a Summary trial   Lorintt v Boda 2014 BCCA 354 deals inter alia with the appeal test, the court uses when reviewing a trial where no oral evidence was give, but instead it was a summary trial based on affidavits. One… Read more

Removal of a Notice of Intention to Dispute Under WESA

Re Richardson Estate 2014 BCSC 2162 also dealt with the new WESA rules relating to the removal of a Notice of Intention to Dispute ( the former probate caveat), finding that the test is whether it is in the best interests of the estate to… Read more

Wills Variation and Resulting Trust Claims May Be Tried Together

For over 30 years I have pleaded Wills Variation claims together with Resulting Trust claims in the same case, only to be told by various defence counsel that the pleadings cannot be tried together at the same time.   When challenged, no one has ever… Read more

Party v Party Court Costs

Party v Party Court Costs   Semenoff Estate v Bridgeman 2014 BCSC 1845 involves the Court’s approach to assessing costs against a plaintiff who acted for himself personally in a nine day trial that was dismissed with costs for part of the trial and double costs… Read more

The Standard of Review By Appeal Courts of Lower Court’s Decisions

The BCCA in Re Korol 2014 BCCA 380 recently examined the standard of review of an appellate court of a lower court’s decision in light of the following  SCC case of Penner v Niagara Regional   An Appeal Court’s standard of review of discretionary decisions… Read more