Unconscionable Inequality In Bargaining Power

Some transactions are so unconscionably bad that the law will set them aside. Buccilli v Pillitteri 2012 ONSC 6624, involved a family estate dispute after a tragic death where all the parties had a one third interest in a family business. After the deceased’s death,… Read more

“Debt Owing” In Will Held Not Owing Due to Statute of Limitations

Statute of Limitations Neudorf Estate v Sellmeyer 2012 SKQB 463 is a sensible decision from the Saskatchewan Queen’s bench interpreting a common situation in will construction disputes, namely the clause that if any of the testatrix’s children owed the deceased money at the time of… Read more

The Vexatious Litigant

Vexatious litigation generally involves legal proceedings brought solely to harass or oppress the opposing party. Vexatious litigation may range from a first-time, frivolous lawsuit to repetitive, meritless applications brought within an otherwise proper lawsuit. In a nutshell, vexatious litigation involves an abuse or misuse of… Read more

How Judge’s Assess Witness Credibility

Judge’s Assessment of Witness Credibility Any trial lawyer will attest that one can have the best court case in the world, but if the trier of fact does not believe your witnesses, then it is a foregone conclusion that the trial will be lost. I… Read more

Court Declines to Order Two Consolidated Actions For Trial

Consolidated Actions For Trial Suzuki v. DeValone, 2013 BCSC 632 was an appeal from a Masters decision who declined to order two separate actions to be consolidated for trial. The BCSC, Justice Bowden agreed and dismissed the appeal [21] In my view, the learned master… Read more

Contract Void For Mutual Mistake

Mutual mistake may void a contract. The law of mutual mistake is set out in Bell v. Lever Bros., [ 1932] A.C. 161, and Dyson v. Moser, 2003 BCSC 1720. A contract will be void from the start for mistake if a mistake by both… Read more

Re Opening a Completed Trial

On rare occasions a trial that has been completed and judgement rendered, may be re opened. Moradkhan v. Mofidi, 2013 BCCA 132 deals with the BC Court of Appeal dealing with the legal issue of when it may be appropriate, or not, for a trial… Read more

Credibility Is Everything In a Lawsuit

Credibility-Every trial lawyer can tell you how he or she had a great case, except the #%~|\#* Judge did not believe a word your client said! It often comes down to who a Judge believes and accepts as a credible witness, as opposed to the… Read more

The Law of Set-Off – “I Don’t Owe You Because You Owe Me”

The Court of Appeal reviewed the law of set-off in Wilson v. Fotsch, 2010 BCCA 226. It described equitable set-off as being available provided that there is a relationship between the cross-obligations such that it would be unfair or inequitable to permit one to proceed… Read more

Solicitor Client Privilege

Solicitor Client Privilege

  [22] Recently the Supreme Court of Canada has said that to ensure public confidence, access to justice, and the quality of justice within Canada, solicitor-client privilege must be as close to absolute as possible: Blood Tribe Department of Health v. Canada (Privacy Commissioner), 2008… Read more

Contingency Fee Agreement Not a Lottery

Contingency Fee Agreement -Not a Lottery Mide-Wilson v Hungerford Tomyn Lawrenson and Nichols 2013 BCSC 374 is a very interesting case relating to the intricacies of the “poor man’s key to the courtroom”, the contingency fee agreement is not a lottery for the lawyer. This… Read more

Consolidation For Trial of Separate Actions

Occasionally parties commence court actions relating to the same facts and issues, and the courts will under certain circumstances order that they be consolidated for trial and pre trial matters. Situations arise on occasion in litigation where one court action is commenced that has some… Read more

Expert Opinions In Records Are Generally Inadmissible Evidence

Expert opinions contained in the hospital records are generally inadmissible  Reid v Balcaen  2003 BCSC 1533, and Egli v Egli 2003 BCSC 1716. This is because hearsay evidence is not admissible for the truth of the contents unless it can be admitted by applying the… Read more

Judge Seeks To End Long Running Estate Trial of Thirty Court Actions

Long Running Estate Trial In a case he called “Ontario’s long running estate trial legal drama,” a Superior Court judge has declared a plaintiff who launched dozens of lawsuits in an estate dispute a vexatious litigant. The property at 140 Dunvegan Rd. in Toronto is… Read more

Introducing Fresh Evidence At An Appeal Hearing

Fresh evidence is not new evidence- fresh evidence existed at the time of the initial trial, but for various reasons could not be put before the court. New evidence is that which has become available subsequent to the trial, and is much harder to gain… Read more