Cost Awards in Estate Litigation

Cost Awards in BC Estate Litigation

INTRODUCTION Cost awards are the amount of monies that a Court awards one litigant against another as a contribution towards legal fees incurred. Until recent years, practitioners in estate litigation , had little to fear with respect to costs awards. Win or lose, the costs… Read more

What is Solicitor-Client Privilege?

In Skogstad v Law Society of BC 2007 BCCA 310 the Bc Court of Appeal held: “6. Solicitor-client privilege is a substantive rule of law, a core legal value. The protection of the confidentiality of communications between a lawyer and his or her client is… Read more

The Collateral Attack Rule

The trusts of the late Sam Cohen reported in Re Newton Trust 2013 BCSC 1665 involved an issue relating to the collateral attack rule. One of the trustees sought $800,000 in past fees for periods covered in previous passing of accounts. Various legal issues such… Read more

conversion

The Tort of Conversion

The tort of conversion was discussed in Ast v Mikolas 2010 BCSC 127 .   [125] The tort of conversion involves the wrongful interference with another person’s chattels such as taking, using or destroying the goods in a way that is inconsistent with the owner’s… Read more

Passing of Executor’s Accounts

The following article is that of Master Young on the passing of executor’s accounts, as presented to the Wills and Trusts Subsection in April 2012. Master Young ,described the registry procedure for probate grants. The initial vetting of probate applications goes to senior registry staff to… Read more

Seeking Court Directions By The Executor/Administrator

Executors often do not know what to do and may be faced with decisions that are difficult to make without Court guidance. Where there is no certainty in the law, and no consensus amongst the beneficiaries affected, the Executor has recourse to the court by… Read more

Res Judicata, Issue Estoppel and Abuse of Process

    McIntyre V Richardson Estate 2012 BCSC 1347 provides a good summary of the law of the related legal principles of res judicata, issue estoppel, and abuse of process . They were also  thoroughly canvassed by Madam Justice Ballance in Tylon Steepe Homes Ltd…. Read more

Only Committee Under Patients Property Act Can Sue On Behalf of the Patient

Daum Estate v Sovereign General Insurance Co. 2012 BCSC 1052  discusses how only the committee of a patient under the Patients Property act can enforce the provisions of a contract on behalf of the patient, and no one else. The Public Guardian and Trustee took… Read more

Court Costs In Estate Litigation

  Court Costs In Estate Litigation: Jung v. Lee Estate, [2007] B.C.J. No. 2592 provides a useful summary of costs in estate litigation: The costs follow the event unless the court otherwise orders. If the cause of the litigation originated from the conduct or errors… Read more

The Maxim “Falsa Demonstratio”

The phrase falsa demonstratio (non nocet cum de corpore constat), is a legal maxim that means a false description doesn’t void a document if the intent is clear. It is sometimes used to correct an obvious mistake. The maxim falsa demonstratio, defined in Black’s Law… Read more

Lawyers Duty To Be Civil to The Court, Opposing Counsel, and Parties

A Lawyers Duty To Be Civil to The Court, Opposing counsel and the  Parties What other occupation addresses their worthy court room opponent as My Learned Friend or simply My Friend? Civility is considered an essential quality in how disputes are dealt with in the… Read more

Waiver of Privilege

    Waiver of Privilege Generally speaking, any communications between a client and his or her lawyer are confidential and privileged. There are exceptions but this is the general rule, and through various means, the privilege can be “waived” , so that the other side… Read more

Nominal Damages

Litigants can occasionally “ win the battle, but still lose the war”. This can occur in situations like where the plaintiff wins the case, but the court finds that the plaintiff did not suffer damages, so a nominal amount is awarded. Where no actual damages… Read more

Dismissal of a Court Action For Inordinate Delay

Dismissal of a Court Action The relevant principles were summarized and restated in 0690860 Manitoba Ltd. v. Country West Construction Ltd., 2009 BCCA 535 at paras. 27 – 29, as follows: [27] These cases suggest to me that a chambers judge charged with the hearing… Read more

Renewing an Un-Served Notice of Claim

   Renewing an Un-served Notice of Claim Olson v Kurz Estate 2013 BCSC 1026 A court action was commenced in 2001 and the court process was not served on the defendant.The plaintiff served an amended statement of claim is September 0f 2002, but did not… Read more