Family Compensation Damages Limited to Wrongful Death

Family Compensation Damages Limited to Wrongful Death

BC families are precluded from recovering damages for harm caused to a family member unless the family member actually dies as per the provisions of the Family Compensation act. In Henry v Province of British Columbia, 2016 BCSC 1038  Chief Justice Hinkson stated: ‘ Neither… 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

Living Wills – Are They Worth Anything?

Living Wills This news article taken from the National Post dated March 5,15 casts doubt on what value if any there is in living wills. In theory, the commonly used form of a BC living will refers to not being kept  kept alive by heroic measures… 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

Right to Die Case in UK Goes to Britain’s Highest Court

From the BBC re the Right to Die Case in UK Campaigners for the right to die are to have their arguments heard by the Supreme Court in the latest round of their legal battle. It involves family of the late Tony Nicklinson of Wilts, who… Read more

Euthanasia For Terminally Ill Children Proposed In Belgium

Euthanasia For Terminally Ill Children Proposed In Belgium. Further to my blog of a few days ago, Belgium is once again in the news as it is close to introducing legislation to grant euthanasia for terminally ill children, thus breaking what has been almost a… Read more

Belgium’s Liberal But Controversial Euthanasia Laws

Euthanasia Laws “Death by Doctor” as euthanasia is often known, is strictly illegal in Canada. Belgium however has in recent years enacted perhaps the world’s most liberal euthanasia laws. It is one of three countries along with the Netherlands and Luxembourg who have legalized euthanasia… Read more

Dirty Family Secrets

  At age 37, actor Jack Nicholson learned that the person he had known as his life as his sister was actually his mother, and his “mother” was actually his grandmother. By the time he learned the truth, both had died without ever telling him… Read more