Money Paid By Mistake (Money Had and Received) | Disinherited

Money Paid By Mistake (Money Had and Received)

Newman v Beta Maritime Ltd 2018 BCSC 1442 discussed the situation where money “had and received” is a cause of action which is available where money was paid by mistake, acquired by way of fraud or paid under duress. The issue of the law relating… Read more

How to Defeat a Testamentary Gift: Beneficiary Fraud

How to Defeat a Testamentary Gift: Beneficiary Fraud

“Fraudulent beneficiaries”  has arisen in a claim that I am aware of currently before the courts, where it is alleged that the deceased was  fooled to leave his entire estate to someone who he believed was his natural son from a long-ago relationship, but the… 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


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

Unpaid Contributions Earns Equitable Interest in Property

  Many children work literally as family slaves without reward, and then are not recognized in their expected inheritance . Haigh v Kent  2012 BCSC 1361 is a good example of the application of the law of unjust enrichment in a  long time family venture… Read more

Fraudulent Conveyance Found By Ontario Court re Defeat of Existing and Future Creditor”s Claims

Mitchell Jenner v Saunders  2012 CarswellOnt 5299 is an Ontario Court of Appeal case that upholds a finding that the sale of a husband and wife’s property was a fraudulent conveyance intended to defeat creditors. The married couple had purchased a house together but it… Read more

Passing of Accounts Hearing Reveals Executor’s Theft

  Passing of Accounts Occur When the Executor Applies To Court to Approve the Estate Accounts- Guardian ordered to repay missing funds. It presents a very familiar fact pattern to many estate litigants. The Court followed  Zimmerman v. McMichael Estate (2010), 103 O.R. (3d) 25 (Ont…. Read more

Resulting and Constructive Trust Claims Dismissed

Both the plaintiff’s claims of resulting trust and constructive trust( unjust enrichment), were dismissed in Chambers v Chambers 2012 BCSC 88 The facts of Chambers were blogged yesterday, as was the younger brother’s claim for an express trust, also dismissed. Todays blog centres around the plaintiff’s… Read more

Spouse Not A Creditor Under Fraudulent Conveyance Act Unless Separated At Death

Fraudulent Conveyance Act and Spouses Mawdsley v Meshen 2012 BCCA 91 is a case where  the husband  contested the BC will of his wife under the Wills Variation act of British Columbia. In particular, he attempted to have various estate planning steps taken by his deceased wife… Read more

Reduce Financial Abuse – 15 Good Suggestions

Part Two in a Series on Financial Abuse Reduce Financial Abuse The key to reducing financial abuse is to plan appropriately to avoid it. It is crucial to begin this planning while the elder person is still competent. It is essential to engage the advice… Read more