Breach of Trust

Beneficiary of a Trust: Status to Sue

Beruschi v British Columbia 2020 BCSC 1531 discussed the status of a beneficiary of a trust to sue a third party directly for debt. In Price Security Holdings Ltd. v
Severance of Joint Account by Conduct

Severance of Joint Account by Conduct

In  Zeligs v Janes 2016 BCCA 280 the BC Court of Appeal upheld a trial decision finding that a joint bank account was severed when one of the joint tenants
Theft, Conversion and Breach of Trust

Theft, Conversion and Breach of Trust

West Bros. Frame and Chair Ltd. v Yazbek 2019 BCSC 1844 discussed the legal principles for  suing an employee book keeper for theft of over $600,000, and distinguished between conversion
Knowing Assistance of a Breach of Trust

Knowing Assistance of a Breach of Trust

In Trustees of the IWA v Wade 2019 BCSC 1085 the court successfully sued the defendant for knowingly assisting in the breach of a trust upon the plaintiff. The leading
Suing Parents For Breach of Fiduciary Duty

Suing Parents For Breach of Fiduciary Duty

In Hughes v Hughes 2019 BCSC 1109 a daughter sued her parents for breach of fiduciary duty for forcing her to have an abortion when she was 17 years of
Punitive Damages in Estate Litigation?

Punitive Damages in Estate Litigation?

It is rare to see a claim advanced in estate litigation for punitive damages, but consideration should perhaps be given to making such a claim where “ malicious, oppressive and
Obligation of Disclosure Between Partners/Fiduciaries

Obligation of Disclosure Between Partners/Fiduciaries

McNight v Hutchinson 2019 BCSC 944 discussed the obligation of disclosure between partners and other relationships characterized by a duty of utmost fairness and good faith ( fiduciary) . (
Executor Denied Fees For Breach of Trust - Disinherited

Executor Denied Fees For Breach of Trust

An executor/trustee who has committed a breach of trust may be denied fees for such egregious behavior. The court has in its discretion to allow full compensation, deny any compensation,
Trustee For Child Under Will Has Priority

Breach of Fiduciary Duty and Constructive Trust Remedy

Li v Piao 2019 BCSC 488 involved a claim for inter alia, breach of fiduciary duty and the imposition of a remedial constructive trust as a result of the defendant’s

Fiduciary Must Account For Breach of Duty

The law is clear that a fiduciary who has breached a duty must account, but only for what the fiduciary acquired in consequence of the breach of duty. The High