Dysfunctional Families: Financial Control

Dysfunctional Families: Financial Control

Financial abuse in dysfunctional families is a common tactic to gain power and control within the family. I was reminded about this fact when reading an article in the British Telegraph today about a large divorce settlement between  the long time spousal owners of Laura… Read more

Civil Fraud

Civil Fraud

The tort of civil fraud (as opposed to criminal fraud)  was reviewed by the Supreme Court of Canada in Bruno Appliance and Furniture Inc. v Hyrniak 2014 SCC 8  and concluded there are four elements . 18      The classic statement of the elements of civil… Read more

Financial Abuse of the Elderly

Financial Abuse of the Elderly

  Elderly people are more susceptible to financial abuse and  fraudulent schemes such as telemarketers  and contest frauds . Due to medical, technological and public health advances, the life span of a typical North American male or female has increased from age 68 in 1950 to approximately… Read more

Gift of House Upheld Trust

Gift of House Upheld Trust

Franklin v Cooper 2016 BCCA 447 upheld a decision of the Supreme Court that the presumption of resulting trust applied and that the defendant daughter who received gift of house by her mother in joint tenancy, instead held the house in trust for the estate of their… Read more

Committeeship and the Patients Property Act

Committeeship and the Patients Property Act

Re Haston 2016 BCSC 1962 is a good review of the law relating  to the appointment of a committee under the Patients Property Act, as well as the criteria for choosing the best party to be the committee. Once appointed the committeeship voids any Powers of… Read more

Fraudulent Misrepresentation

Fraudulent Misrepresentation

Jasmur Holdings Ltd v Taynton Developments Inc. 2016 BCSC 1902 reviewed inter alia the tort of fraudulent misrepresentation. 116.       The tort of fraudulent misrepresentation has four elements. They were recently summarized by the Supreme Court of Canada in Combined Air Mechanical Services Inc. v. Flesch 2014… Read more

Promissory Estoppel Revisited

Promissory Estoppel Revisited

The BC Appeal Court in Cowper-Smith v Morgan 2016 BCCA 200 allowed an appeal in part to over turn the successful  the claim brought for promissory estoppel at trial by finding that the claim should not be allowed where a non owner of property gave assurances… Read more

Who Should Be Appointed Committee (Guardian)

Who Should Be Appointed Committee (Guardian)

The vexing problem of who should be appointed the committee (legal guardian) of a demented person under the Patient’s Property Act  RSBC often involves the worst of family “tug a wars” over the financial  and personal affairs of a loved one. The law re who… Read more

The “Badges of Fraud”

Fraud is a deception deliberately practiced in order to secure unfair or unlawful gain (adjectival form fraudulent; to defraud is the verb, and the Badges of Fraud are used by the court s as rough gauge as to whether Fraud exists in the situation or not.. As a… Read more

QUANTUM MERUIT OR UNJUST ENRICHMENT

It is often difficult for a court to determine if a claim should be paid on an hourly rate for services performed( quantum meruit), or if the test of unjust enrichment has been met. I recently provided a second opinion in a case involving a… Read more

Fraudulent Conveyances

The British Columbia  Fraudulent Conveyance Act is a  statute designed to give a remedy to creditors frustrated in collecting their debts by a debtor who has disposed of his/her assets. The Fraudulent Conveyance act permits  a creditor to impugn or set aside a transfer of property, where… Read more

Molester’s Transfer of Assets to Avoid Victim’s Judgement Set Aside As Fraudulent

Kirk ( Guardian ad litem of) v Kirk estate 2012 BCSC 1346 The infant plaintiffs, through their father, were the granddaughters of the deceased, and claimed general damages against their grandfather for his assaults upon them. On 30 October 2009 grandfather wrote a letter to… Read more

Trust Imposed On Insurance Proceeds For Non Payment of Child Maintenance

    Telfer v Henry Estate 2013 ONSC 303, involves a situation where the court imposed a constructive trust on the insurance proceeds of the deceased,who had entered into a separation agreement with his former spouse agreeing to pay child maintenance, but failed to do… Read more

Rebutting Presumption of Indefeasibility of Title

Frame v Rai 2012 BCSC 1876 is a good illustration of how the law of unjust enrichment pertains rebutting the presumption of indefeasible title at the land title office. The case involved a multifamily cooperative use of property where the property was registered in the names… Read more

The Remedial Constructive Trust

1. INTRODUCTION Constructive trusts have been evolving for more than two centuries. However, it has only been in the last several years that it is now developed to the point where it is almost impossible to predict and define all the circumstances in which its… Read more