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

Special Costs Not to Include Pre Litigation Conduct

Abuse of Process in BC Estate Litigation

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

Hearsay Evidence - The Principled Approach

Hearsay Evidence – The Principled Approach

The Courts have generally in recent years allowed the introduction of hearsay evidence stating that it should be done so under a principled approach. It is a fact that most estate disputes when litigated often refer to statements from the grave and what was stated… Read more

Contempt of Court

Contempt of Court

Many years ago I brought on contempt of court proceedings in a matrimonial proceeding that resulted in what I would categorize as a waste of time and money. There are exceptions of course, but   in my opinion, since  the proceedings are  quasi- criminal  in the burden… Read more

The Bogus Expert

The Bogus Expert

A bogus expert was recently discussed in a sexual assault appeal,  JP v BG 2016 BCCA 91 , when the Court labelled a bogus expert report as a” fraud on the court”. The so called expert was in fact a recipient of a “diploma mill” and… Read more

Reviewing a Tribunal’s Decision

Janzen v Society of Notaries 2015 BCSC 2485 dealt with the legal standard of a court in the review of a penalty pronounced by a professional society or tribunal, in this case the Notaries Public. A notary had been fined $5000 and a one month… Read more

Lawyer Solicitor Client Privilege

Lawyer Solicitor Client Privilege

With very rare exceptions, a lawyer must never disclose communications or instructions between the lawyer and the client without the express permission of the client, as such communications are protected by solicitor client privilege. The privilege continues after death and is assumed by the executor or… Read more

Most Canadians Do Not Have a Will

( Reprinted from Canadian Legal Newswire) Amid concern about the 56 per cent of Canadians who don’t have a will, it seems even many lawyers haven’t gotten the message despite the Ontario Bar Association’s designation of November as Make a Will month. “The percentage of… Read more


Copyright and Royalties

Copyright and Royalties Estates are often the recipient of continuing “residuals” of monies that continue to come in post death for typically artistic endeavours, all due to the law of copyright. For an explanation I went to the following government website to explain copyright. You… 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

Court Refuses to Amend Purpose of Charitable Trust

Court Refuses to Amend Purpose of Charitable Trust   Mulgrave School Foundation  2014 BCSC 1900 involves a case where for donors made gifts totaling $1.1 million to the petitioner school foundation, specifically to support the scholarship program. The Petitioner  school applied instead to use the funds… Read more

Certificates of Pending Litigation (CPL’s) To Tie Up land

Certificates of Pending Litigation REPRINTED FROM CARSWELLS NOTES AND RELATING TO ONTARIO LAW ( SIMILAR  BUT NOT IDENTICAL TO BC LAW)   “Certificates of pending litigation (or lis pendens) (“CPL”) are often-used tool in order to preserve real property and unregistered interests in such property. The test… Read more

Incorporation By Reference In Wills

Wills on occasion mention another document in existence that the will maker wants to be given effect in the terms of the incorporation by reference in wills. Re Kellogg Estate 2013 BCSC 2292 pagraphs 74-79 discusses the law relating to incorporation by reference.   [74]     The… Read more