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

Limitations Act -June 1.13

BC Limitations Act It is essential that each specific type of court action be brought within the time limits set by the statute of limitations, or the perspective claimant is “out of time”and barred from doing so. There are a number of substantial changes being… Read more

Equity Demands “Clean Hands”

Equity  demands  “clean hands”  or it will not be exercised. Wachter v Carlson 2012 BCSC 1390 is a good example of the horrendous legal predicament elderly couple can find themselves in by entering into well intentioned, but poorly thought out, and not legally prepared, arrangements… Read more

Court Prefers Lawyers Opinion Over Doctor’s On Mental Capacity

  Moore v Drummond BCSC 1702 is not the first decision where the evidence of the lawyer who  prepared a will  is preferred over that of a family doctor, on the issue of whether or not a deceased  had mental capacity to prepare a will. One… Read more

The Doctrine of Fraudulent Concealment Postpones a Limitation Period

The doctrine of fraudulent concealment  . . .  was succinctly articulated by Justice Dickson (as he then was) in Guerin v. Canada, [1984] 2 S.C.R. 335 at 390, 13 D.LR. (4th) 321: . . .  The fraudulent concealment necessary [to postpone a limitation period] need not amount to deceit… Read more

“Proprietary Estoppel” Can Be Used as a Cause of Action

The following extensive quote relating to the law of Proprietary Estoppel has been excerpted from the reason for judgement of Cowderoy v Sorkos Estate, 77 ETR (3d) 246, which was briefly blogged about on February 7.13 on this website.    P  68  “The modern doctrine… Read more

Claim For Property Promised Years Before Upheld

A Claim For Interest In Property Verbally Promised Years Before, Was Upheld By Court As  An Agreement Verbal promises to provide property years in the future, in return for services  for the life of the promissor, are increasingly common in estate litigation. Such arrangements, usually… Read more

Parol Evidence Rule Not Permitted To Be Instrument of Fraud

“Parol evidence”‘ that is verbal evidence to show that the written contract was not the true contract,  admitted to prevent a fraud upon a trust. The BC Court of Appeal upheld the finding of a trust in the decision Bradshaw v Stenner 2012 CarswellOnt 1936… Read more

No Punitive or Aggravated Damages In Wrongful Death Claims

No Punitive or Aggravated Damages In Wrongful Death Claims Glenn v Seair Seaplanes and others, 2012 BCSC 1726  arises from a seaplane crash in November  2009. The action has been brought against the owner and operator of the seaplane, Seair Seaplanes Ltd. and the pilot, Francois… Read more