Trespass

  Most of the case law I have reviewed on damages for trespass to land usually, but not       always, involve the deliberate cutting or trees, or similar damage caused to your property by someone who had no legal right to do so.. The claim… Read more

Party Cannot Take Tax Benefit For One Purpose and Deny It For Another

In Rosenthal v Rosenthal, 1986 CarswellOnt 288 (HCJ), it was held that an individual cannot take a position to obtain a tax benefit and then deny that position to obtain a different benefit. At para 51 of Rosenthal, the court noted that “it is being… Read more

Forced Sale of Jointly Owned Property

Forced Sale of Jointly Owned Property In Mowat v Dudas 2012 BCSC 454, the court exercised its discretion to refuse an order for a forced-sale of the Cypress Gardens condo development of 177 units owned by 135 different owners. Each was a co-owner of the… Read more

Japanese Adoptions of Adult Males

Had I not read the following in the Economist I would not believe the practice of Japanese males adopting single male heirs when faced with  having only female heirs.   It would not surprise most North Americans to learn that 98% of adoptions there involve youngsters…. Read more