Breach of Trust
BC Estate Lawyer – Was There a Settlement?
Trevor Todd and Jackson Todd have over sixty combined years of estate litigation which often includes issues such as was there a settlement? In Hutton v. Hutton, 2020 BCSC 2046,
Mortgage Obtained By Fraud Not Valid
Le v Chan ( Trustee) 2023 BCSC 1654 confirmed the law that a mortgage obtained by fraud, such a forgery is invalid. A mortgage obtained by fraudulent means does
Vancouver Estate Lawyer – Trusts Basics
Trevor Todd and Jackson Todd have over 60 years experience in handling contested estate matters including trusts. A trust arises where one party (the trustee) holds the title to property
Attorney Cannot Transfer Parent’s Assets to Protect Parent’s Finances
An attorney cannot transfer all of the funds to another bank account in the name of another party despite the attorney’s intention to protect the parent – McMullen v McMullen
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
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
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
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
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