Occupational Rent - Competing Damages Between Co-Owners

Occupational Rent – Competing Damages Between Co-Owners

Ajayi v Oziegbe  2017 ONSC  2732 discussed the concept of occupational rent where one co owner occupies a jointly owned property to the exclusion of the co owner, and the co owner seeks damages for the use of the property and the occupying party seeks competing damages… Read more

Property Partition and Sale Ordered for Joint Tenants

Property Partition and Sale Ordered for Joint Tenants

Bindley Estate v Quartermaine Holding Ltd. 2017 BCSC 672 ordered partition and sale of a property %50 owned by two parties where one party wished to sell and the other refused. They we unable to agree on a price for the respondent to buy out… Read more

Partition of Property Orders

Partition of Property Orders in Joint Tenancy Agreements

Whether property be owned as tenants in common, or as joint tenants, if the parties cannot agree on the sale of the property, the BC Court has the power to do so under the provisions of the Partition of Property Act RSBC. This blog sets… Read more

Intention to Gift: The Legal Requirements

Intention to Gift: The Legal Requirements

A gift requires three elements  to be legally effected, namely an intention to donate, an acceptance of the gift, and delivery of the gift. All three elements must be present for the gift to be complete, and it is then irrevocable. The gift is the… Read more

The Pitfalls of Joint Tenancy

This video is about joint tenancy. Many years ago, financial advisors in particular, started to advise people to put their assets in joint tenancy with others, in particular, their spouses or children in order to avoid probate fees. It was a minimal type of estate… Read more

Adverse Possession

Adverse Possession

Mowaqtt v BC Attorney general 2016 BCCA 113 dealt with a long established principle of  adverse possession  relating to  squatters long time  use of  property that had escheated to the crown .  A claim of squatters to  legal entitlement to a parcel of property  occasionally occurs… Read more

Severance of Joint Tenancy By Conduct

Severance of Joint Tenancy   The Tessier v Tessier 2001 SKQB 399 reminds one that even the simple fact of parties signing an agreement to sell the jointly owned property and pay the proceeds into separate accounts can sever the joint tenancy into a tenancy… Read more

Court Costs In Estate Litigation

It is very old fashioned thinking that court costs come out of the estate , win or lose, as costs are now an important factor in settlement considerations.   The decision Deuschmann Estate v Fallis  2011 BCSC 1009 at paragraph 95 sets out the general… Read more

Son May Not Inherit For Murdering Mother

Re Fenotti Estate 2014 BCSC 1533 reviewed the law and held that a murderer of the deceased, his mother, son may not inherit from her as a result of public policy that prevents a wrong doer from benefiting from his or her own crime. The personal… Read more

“Sham” Trusts

Plaintiff’s often allege that a purported trust is a sham trust that the courts should ignore. The following is the criteria that the courts utilize when dealing with such an assertion as was discussed in M. Dhaliwal Holdings Inc. v. Pacific Blue Farms Ltd. ,… Read more

How to Sever a Joint Tenancy With a Co Owner

A prospective client called yesterday inquiring whether three siblings who had joint tenancy with a fourth sibling, can force a sale so as to buy out the troublemaking fourth sibling. I answered yes,  as the Partition of Property act allows for a severance of the… Read more

The Formalities of a Valid Marriage

The Formalities of a Valid Marriage    45 If the parties to a marriage, solemnized in good faith and intended to be in compliance with the legislation, are not under a legal disqualification to contract such marriage and have lived together and cohabited as a… Read more

Seniors-Avoid Joint Bank Accounts

I have seen many seniors financially abused by setting up a joint bank account with a child/caregiver/neighbour/friend  who takes advantage to the point where I advise seniors to avoid their use. I recently came across a Maclean’s magazine article dated April 4, 2011 entitled “Signing… Read more

The Partition Act -Courts Order Co-Owned Property Sold

Whether property be owned as tenants in common, or as joint tenants, if the parties cannot agree on the sale of the property, the BC Court has the power to do so under the provisions of the Partition of Property Act RSBC. The jurisdiction to… Read more

1961 SCC Case Holds an Unregistered Transfer of Land Severs a Joint Tenancy

Sever JT SCC stonehouse. 1961 CarswellBC 159, 37 W.W.R. 62, [1962] S.C.R. 103, 31 D.L.R. (2d) 118 Stonehouse v. British Columbia (Attorney General) Stonehouse (Plaintiff) Appellant v. Attorney-General of British Columbia (Defendant) Respondent Supreme Court of Canada Judgment: December 15, 1961 Family Law — Family… Read more