The "In Law Suite" - Unjust Enrichment

The “In Law Suite” (Unjust Enrichment)

A common source of estate litigation is the contribution of funds towards an “ in law suite”, that ultimately does not work out over time, and the in-laws sue to recover the monies that they contributed to their child, and his or her spouse’s home…. Read more

Proprietary Estoppel (SCC)

Proprietary Estoppel (SCC)

In a significant win for disinherited individuals who were promised to inherit an asset, the Supreme Court of Canada in Cowper-Smith-Smith v. Morgan , 2017 SCC 61 reversed the BC Court of Appeal and allowed a claim for proprietary estoppel. FACTS: The trial judge had… Read more

Quantum Meruit (Unjust Enrichment) For Care-Worker

Quantum Meruit (Unjust Enrichment) For Care-Worker

What is Quantum Meruit? Tarantino v Galvano 2017 ONSC 3535 awarded the sum of $273,000 for caregiving services provided under the basis of a quantum meruit claim, namely a reasonable fee for services provided. A quantum meruit claim is simply one of the established categories… Read more

"Good Conscience" Constructive Trusts

“Good Conscience” Constructive Trusts

The Ontario Court of Appeal in Moore v Sweet 2017 ONCA 182 discussed the concept of constructive trusts that had been pronounced by the Supreme Court of Canada in the decision Soulos v. Korkontzillas 1997 2 SCR 217 in rejecting the claim of a named… Read more

Unjust Enrichment in Common Law Relationships

Unjust Enrichment in Common Law Relationships

The Ontario Court of Appeal in Reiter v Hollub 2017 ONCA 186 reviewed the law of unjust enrichment and dismissed a 6 year common law spouse’s claim that she should share in the increase in the property value of the matrimonial home owned by her… Read more

Parent Money to Children: Gift or Loan?

Parent Money to Children: Gift or Loan?

Dheenshaw v Gill 2017 BCSC 319 deals with an increasingly commonly litigation problem- the advancement of large sums of parents money to their children and the subsequent determination whether  the monies were a gift or a loan when matters go ” sideways”. The court will look start… Read more

Laches

Laches

Laches was discussed and rejected by the court in Grewal v Khakh 2016 BCSC 2055, where the court quoted the Supreme Court of Canada: 52           In  M. (K.) v. M. (H.), , [1992] 3 S.C.R. 6, [1992] S.C.J. No. 85 (S.C.C.) at para. 98, where the… Read more

Probate Revoked For Improper Service

Probate Revoked For Improper Service

Al- Sabah Estate 2016 BCSC 1781 both have a probate revoked and removed the administrator for both failing to disclose important information to the court as well as sending the required probate notice to her close relatives at addresses that were mostly incorrect and could have… Read more

Tracing Converted Assets

Tracing Converted Assets

Converted assets can be traced and reclaimed under certain circumstances if they can be identified. For example a bank account of cash can be converted into a stock portfolio which in turn is used to buy a house that is subsequently sold and put into… Read more

A History of Constructive Trust

A History of Constructive Trust

The BC Court of Appeal in BNSF Railway v Teck Metals Ltd 2016 BCSC 350 the court delivered the following brief summary of the history of constructive trust as an equitable remedy: Constructive trust. Academic writers seem to agree that this type of trust developed… Read more

Promissory Estoppel Revisited

Proprietary Estoppel

NOTE:   This Court of Appeal Decision was over turned by the Supreme Court of Canada 2017 SCC 61 and the claim was allowed   See blog entry dated  February 2,2018   The BC Appeal Court in Cowper-Smith v Morgan 2016 BCCA 200 allowed an… Read more

Value of Contribution

Value of Contribution

The Value of Contribution of a parties to the acquisition or improvement of  an asset does not have to be in money and can take  various individual forms as was discussed in Mac v Mak 2016 BCSC 1140. The Courts have to scrutinize the relationship… Read more

Legal v. Beneficial Title, The Difference

Legal v. Beneficial Title, The Difference

The legal principles of the registered owner of legal title versus the beneficial title of the property is poorly understood . It is very simple, especially given how common it appears to be that  property truly or beneficially owned by one party , but registered at… Read more