Breach of Trust

The Obligations of a Trustee

Chung v Chung 2022 BCSC 1592 examined the legal obligations of trustees and held that their principle obligation is to preserve the assets subject to the trust.   The primary
The Power of Attorney Act

The Power of Attorney Act

Sazarynick v Skwardchuk 2021 BCSC 443 reviewed how much of the common law re Power of Attorney cases was codified and strengthened in the modern BC Power of Attorney Act
The Test For a Fiduciary Relationship

The Test For a Fiduciary Relationship

At the highest level of generality, a fiduciary must act with utmost loyalty, good faith, and in the best interests of the person over whom they exercise discretion or control:
Charitable Trust Declined By Court

Charitable Trust Declined By Court

In Jim Crerar Charitable Trust 2022 BCSC 60 the court interpreted the trust document prepared by the deceased and  created to provide funds to people to prosecute wrongful dismissal claims

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