Claims & Legal Procedure
Conflict of Interest
Conflict of Interest: Disqualifying a Lawyer
Stewart v Stewart 2016 BCSC 2256 dismissed an application to have an acting lawyer disqualified as counsel for having a…
At a Glance
BC Estate Lawyer-Executor Removed For Conflict of Interest
Trevor Todd and son Jackson Todd have over 60 years…
When The Lawyer Is Also a Witness
Re Zenrosso Estate 2023 BCSC dealt with an issue where…
Removal of Lawyer Refused
Jiwani v Jiwani @022 BCCA 451 refused to remove a…
Lawyer Disqualified From Acting
Re Waigel Estate 2022 BCSC 2274 examined a lawyers role…
Executor Ordered to Produce Deceased's Medical Records
An Alberta case Petrowski v Petrowski 2005 ABQB ordered the…
Removal of a Committee or Litigation Guardian
The applicable case law and test for the appointment and…
Court Costs
Costs For Meritless Claims
Berthi v Registrar of Land Titles 2017 BCCA 181 discusses the criteria relating to the award of either special costs…
At a Glance
Assessing Special Costs in Estate Litigation
Re Derco Estate 2023 BCSC 1622 involved the assessment of…
Dishonest Testimony In Itself Doesn't Warrant Special Costs
AM Gold Inc. v Kaizen Discovery Inc. 2022 BCCA 284…
General Cost Assessment Principles 2022
Sherwood v The Owners of Strata Lot 1549 2022 BCSC…
Court Costs Framework In Civil Cases 2022
Einboden v Porter 2022 BCSC 1227 set out a good…
Special Costs 2021
Malacek v Young BCSC 2021 awarded special costs against the…
Offers to Settle and Double Costs
Yeomans v Buttar 2021 BCSC 1394 awarded double costs where…
Equitable Claims
Trust Imposed on Insurance Policy
The Supreme Court of Canada in a landmark unjust enrichment case Moore v Sweet 2018 SCC 52 imposed a constructive…
At a Glance
Equity Exoneration
In Zeligs v Janes 2015 BCSC 525 the court imposed…
Court Approval of a Sale
The test to be established by a party seeking approval…
Debts Owed By Beneficiary Must Be Accounted For
Re Kolic Estate 2022 BCSC 1527 reviewed an equitable principle…
Promissory Estoppel and Equitable Easements
Purdy v Pighin 2022 BCSC 14099 followed Young v. Beck,…
S.10 Law & Equity Act Used to Enforce Settlement
Binning v Gill 20922 BCSC 1479 reviewed the law relating…
The Doctrine of Illegality in Estates
The doctrine of illegality was expressed in the Latin phrase…
Family Law Matters
Marriage-Like Relationships: Are You a Spouse?
Robledano v Queano 2019 BCCA 150 clarified the law with respect to the definition of spouse after two years living…
At a Glance
Criteria For a Marriage Like Relationship-2023
The court in Bellerose v Reda 2023 BCSC 748 reviewed…
Family Verbal Agreement re Property Upheld
In Sojka v Sojka 2023 BCSC 52 the court upheld…
BC Estate Lawyer-Marriage Like Relationships
Trevor Todd and Jackson Todd have been practicing law in…
Family Compensation Act: Damages For Wrongful Death
Valencia-Paiaciao v KCP Heavy Industries Ltd. 2022 BCSC 1171 provided…
Marriage Agreements
The BC Supreme Court in Drummond v Billing 2022 BCSC…
Family Law Re Property and Debt
Family Property and Debt was discussed in Williams v Williams…
Lawyer Negligence
Personal Costs Against Lawyer
C.A.S. of the R.M.of W. v C.T.and J.B. 2017 ONSC 318 awarded personal court costs of $100,000 against a lawyer…
At a Glance
Lawyer Negligence Explained
Tellini v Grewal and Bell Alliance 2021 BCS549 discussed the…
Lawyer-Client Relationships and Fiduciary Obligations
Certain categories of relationships such as the lawyer-client are considered…
Lawyer-Client Relationship
It is well-established law that the relationship between a lawyer…
Independent Legal Advice
Zeligs v Janes 2015 BCSC 7 cited two maritime decisions…
Suing Litigation Lawyers
In Mac v Wong 2019 BCSC 902 two plaintiffs representing…
Personal Costs Against Lawyer
C.A.S. of the R.M.of W. v C.T.and J.B. 2017 ONSC…
Lawyer Privilege
What Constitutes Practicing Law
Vogt v Scott 2015 BCSC 1725 reviews the essential elements of what constitutes the practice of law, as defined by…
At a Glance
Waiver of Solicitor Client Privilege
Siegerist v Siegerist 2022 BCSC 1427 reviewed the law of…
"Without Prejudice" Communications
In Marziale v Adam 2022 BCSC 1308 the Court concluded…
Implied Breach of Lawyer Privilege Rejected
Oldhauser v Kasian 2021 BCSC 892 rejected an application to…
Litigation Funding vs Lawyer Privilege
The issue of litigation funding and lawyer privilege became a…
Waiver of Lawyer Client Privilege
Waiver of lawyer client also known as solicitor client privilege,…
Privilege: Documents Made In Contemplation of Litigation
In Hamalainen (Committee of) v. Sippola (1992) 2 WWR 132…
Legal Definitions and Terms
Registrar's Report Confirmation Hearings
Narwal v Narwal 2018 BCSC 1561 discusses the law relating to approval of the registrar’s inquiry and recommendation by a…
At a Glance
Vancouver Estate Lawyer - Trusts Basics
Trevor Todd and Jackson Todd have over 60 years experience…
Notices to Admit
One of the most powerful yet under utilized litigation tool…
15 Characteristics of a Narcissist
I have done several blogs on narcissism over the years,…
S. 151 WESA - Leave of the Court Required to Bring Action Against Estate
Under WESA leave of the court is required to commence…
Stages of Progressive Dementia
Probably the most difficult area of estate litigation has to…
Deliberate Destruction of Evidence ( Spoilation)
The deliberate destruction of material evidence occasionally occurs in estate…
Life Estates
Notaries May Not Draw Wills with Trusts or Life Interests
The BC Court of Appeal upheld a Supreme Court decision that notaries are not allowed to prepare wills in British…
At a Glance
Notaries May Not Draw Wills with Trusts or Life Interests
The BC Court of Appeal upheld a Supreme Court decision…
Life Estate Can Be Partitioned
Aho v Kelly 1998 CarawellBC 1285 held that a one…
Life Estate Valuation
Re: Zarowiecki 1092 CarswellMan 99 dealt with the valuation of…
Adverse Possession
Mowaqtt v BC Attorney general 2016 BCCA 113 dealt with…
Right to Die Case in UK Goes to Britain's Highest Court
From the BBC re the Right to Die Case in UK…
Euthanasia For Terminally Ill Children Proposed In Belgium
Euthanasia For Terminally Ill Children Proposed In Belgium. Further to…
Occupational Rent
Occupational Rent Ordered For Non Vacating Son
An order for occupational rent of $42000 per month was ordered against a son who had lived with his mother…
At a Glance
Occupation Rent Claims Need Ouster
Fritz v Paton 2020 BCSC 1541 reviewed the law relating…
Trespass Damages Awarded
In Volovsek v Donaldson 2010 BCSC 25 the trustee of…
Registrar's Report Confirmation Hearings
Narwal v Narwal 2018 BCSC 1561 discusses the law relating…
Dysfunctional Families: Depersonalization Disorder
Most of my clients at disinherited.com come from what generally…
Occupational Rent Ordered For Non Vacating Son
An order for occupational rent of $42000 per month was…
Executor Liable For Lost Rents
Executors sometimes let friends or relatives live in estate property…
Partition Actions
Courts Must Scrutinize Claims Against Estates
Wharton v McMinigal 2014 BCCA 434 is authority for the legal proposition that claims against deceased persons estates must be…
At a Glance
Standing in Partition - Possessory Interest Required
Pallot v Douglas 2017 BCCA 254 dismissed an appeal and…
BC Estate Lawyer- Conduct of a Court Sale of Partition
Trevor Todd and Jackson Todd have over 60 years experience…
Partition, Distribution of Proceeds, Occupational Rent
Marziale v Adam 2022 BCSC 1308 dealt with the accounting…
The Partition and Sale of Property (2022)
The Partition and Property Act (PPA) gives the court a…
Partition and Sale Ordered
The court in Tseng v Tseng 2021 BCSC 27 ordered…
Occupation Rent Claims Need Ouster
Fritz v Paton 2020 BCSC 1541 reviewed the law relating…
Supreme Court Rule Procedures
Self Represented Litigants
Any litigation lawyer will vouch for the fact that dealing with self- represented litigants can be extremely frustrating. In fact…
At a Glance
Judicial Discretion and Appeals From It
Kish v Sobchak 2016 BCCA 65 deals with the court’s…
Petitions and Triable Issues
Some types of claims must be brought by petition- proving…
Adding a Party to An Action Rule 6-2 (7)
The following excerpt on adding a party to an action…
Marshalling Evidence In Estate Litigation
This Paper Was Presented at trial lawyers Conference on June…
Severance of a Trial
In civil suits severance refers to the division of a…
If Order Entered, Judge Is "Functus Officio"
Once an order is entered the judge is thereafter ”…
Unjust Enrichment
Unjust Enrichment and Insurance Policies
Moore v Sweet 2018 SCC 52 held that pursuant to the law of unjust enrichment, a constructive trust should be…
At a Glance
Unjust Enrichment Claim Dismissed For Juristic Reason
Gill v Gill 2022 BCCA 264 upheld the dismissal of…
Unjust Enrichment and Constructive Trusts
Trevor Todd and Jackson Todd have been practicing in contested…
Unjust Enrichment and Insurance Policies
Moore v Sweet 2018 SCC 52 held that pursuant to…
Unjust Enrichment Upheld re: Illegal Contract
Kim v Choi 2020 BCCA 98 held that an Illegal…
Unjust Enrichment Dismissed Against Trust
In Fredericks Alter Ego Trust v Downer 2019 BC SC…
Deceit, Unjust Enrichment and the "Sugar Daddy"
Norkum v Fletcher 2018 BCSC 904 involved as a backdrop…
WESA Procedures
S. 52 WESA: Presumption of Undue Influence Claims
Trudeau v Turpin Estate 2019 BCSC 150 is a recent decision dismissing a claim for undue influence and discussing in…
At a Glance
Fixing a Will in BC-Digital Will Cured Under S. 58 WESA
Trevor Todd and Jackson Todd have over sixty years combined…
Extrinsic Evidence Admissible To Determine Intention in S. 58 WESA
In Re Hadley Estate 2017 BCCA 311the Court of Appeal…
S.59 WESA Order Made After 180 Days Post Probate
Simpson v Zaste 2022 BCCA 208 was an appeal from…
S. 151 WESA- Leave To Bring Action On Behalf of Estate
Mischke v. Mischke Estate 2021 BCSC 1404 dealt with a…
S 150(2) WESA Allows Family Claim After Death
Weaver Estate v Weaver 2021 BCSC 881 allowed the personal…
Electronic Wills
Amendments to WESA due to the corona virus now enables…