Claims & Legal Procedure

Conflict of Interest

Conflict of Interest: Disqualifying a Lawyer

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

Removal of a Committee or Litigation Guardian

The applicable case law and test for the appointment and…

Conflict of Interest: Disqualifying a Lawyer

Stewart v Stewart 2016 BCSC 2256 dismissed an application to…

Trustee Cannot Be in Conflict With Duty

Equity will not allow a person who is in a…

Removal of Executor/Trustee For Conflict of Interest

As a BC estate lawyer, I am often asked to…

Ensuring Independent Legal Advice

Many transactions are set aside in British Columbia by the…

Independent Legal Advice - 7 Factors to Look For

I am typically attempting to set aside a transaction or…

Court Costs

Costs For Meritless Claims

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

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…

Security For Costs of $150,000 Ordered

The court in Global Chinese Press Inc ( Global) v…

Fraudulent Executor Ordered to Pay Costs

Kyle estate 2017 BCSC 752 held that an executor who…

Equitable Claims

Trust Imposed on Insurance Policy

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

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…

Unconscionable Procurement

Sandwell v Sayers 2022 BCSC 605 discussed at length the…

Family Law Matters

Marriage-Like Relationships: Are You a Spouse?

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

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…

Marriage Like Relationships: Mutual Intent Not Necessary

The BC Court of Appeal in Mother 1 vs Solus…

Court Appointed Trustees For Infants ( S 159 FLA)

Individuals, (typically parents) and trust companies may apply to be…

Courts Refuses Production of Computer Hard Drive

In a long running matrimonial dispute  the court in Etemadi…

S 150(2) WESA Allows Family Claim After Death

Weaver Estate v Weaver 2021 BCSC 881 allowed the personal…

Lawyer Negligence

Personal Costs Against Lawyer

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

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

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

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

Court Approval of a Sale

The test to be established by a party seeking approval…

Alter Ego Trusts

Alter ego trusts are increasingly being used an an estate…

Striking Out Claims, Pleadings, Petitions or Other Documents

Parmar v Sidhu 2022 BCSC 1359 reviewed the law relating…

Alter Ego Trusts

Mong Alter Ego Trust No. 1 v Yip 2022 BCSC…

Credibility and Reliability

Although credibility and reliability of a witness appear to be…

"Without Prejudice" Communications

In Marziale v Adam 2022 BCSC 1308 the Court concluded…

Life Estates

Notaries May Not Draw Wills with Trusts or Life Interests

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

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

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

Conduct of a Court sale

In Kainth v Brar 2022 BCSC 1552 the petitioner in…

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…

Ouster and Partition of Property

Ouster is an occurrence usually in Partition of Property proceedings…

Supreme Court Rule Procedures

Self Represented Litigants

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

Conduct of a Court sale

In Kainth v Brar 2022 BCSC 1552 the petitioner in…

Notice of Claim Struck for Tedious Length ( Prolixity)

Action4 Canada v BC Attorney General 2022 BCSC 1507 involved…

Re-Opening a Trial & Miscarriage of Justice

Cox v Swartz 2022 BCSC 1494 reviewed the law relating…

S.10 Law & Equity Act Used to Enforce Settlement

Binning v Gill 20922 BCSC 1479 reviewed the law relating…

Non Disclosure Leads to Adverse Inference

Sarzynick v Skwarchuk 2021 BCSC 443 held that the defendant…

The Doctrine of Mootness

Zucchiatti v. The College of Dental Surgeons of British Columbia,…

Unjust Enrichment

Unjust Enrichment and Insurance Policies

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 and Constructive Trusts

Unjust enrichment involves an enrichment of the defendant, a corresponding…

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…

The "In Law Suite" (Unjust Enrichment)

A common source of estate litigation is the contribution of…

WESA Procedures

S. 52 WESA: Presumption of Undue Influence Claims

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

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…

Converting a Petition to an Action and Trial

Re Cameron 2020 BCSC 157 discusses the test to convert…

S. 58 WESA: 2 of 3 Notes Admitted as Will

In Bizicki Estate 2019 BCSC 2142 the court pursuant to…

Posthumous Births: Conception After Death

Section 8.1 of WESA provides as follows: 8.1 (1)      A…