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

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

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

The Presumption Against An Intestacy

There is a strong presumption against an intestacy in the construction/interpretation  of a  will that a testator did not go to the trouble and expense of preparing a will to only lead to an intestacy- the testator wanted a testacy.   This presumption however will likely become less and less… Read more

Appeal Court Holds Document Is a Gift and Not a Will

It is often difficult to determine if a document is an inter vivos gift, or alternatively, a document that only takes effect upon death, and thus a will (testamentary). Such was the case with a certain  agreement agreed upon between Norman v. Watchtower Bible and Tract… Read more

Special Costs- What Are They?

  Special costs , in a nutshell means that the losing party pays all the  legal fees of the winning party, and are being awarded on an increasingly frequent basis for reprehensible behavior. The general public by and large for many decades already thought that… 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

Advising The Personal Representative

1. INTRODUCTION It is perhaps trite to state that the role of the drafting notary or solicitor is simply not to fill in the blanks and record the testator’s instructions, including his or her choice of executor, but instead to actively advise and draw to… Read more