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

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…

Special Costs 2021

It is a common public belief that the losing party…

Special Costs of $1.2 Million Awarded

Negas v Yehia 2021 BCSC 254 in a family case…

Cost Awards Against Non Parties

The BC Court of Appeal in Hollander v Mooney 2017…

Non Disclosure of Assets and Special Costs

Chapman v Chapman 2020 BCSC 1986 awarded special costs against…

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

Promises and Reliance: Proprietary Estoppel

Khela v Clarke 2021 BCSC 503 examined promises made and…

Equity Demands "Clean Hands"

The equity demands  “clean hands” doctrine was discussed in Wang…

Promissory Estoppel 2021

Khela v Clarke 2021 BCS752 examined the criteria for a…

Equitable Liens and Charges

Equitable liens and charges are largely created in three situations:…

Binding Promises ( Promissory Estoppel)

Promises made and reliance upon them can amount to promissory…

Personal Property and Presumption of Joint Tenancy

Robb v Robb 1993 Carswell 110 followed long-established common-law principles…

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

S 150(2) WESA Allows Family Claim After Death

Weaver Estate v Weaver 2021 BCSC 881 allowed the personal…

Polyamorous Triad Registered as Child's Parents

British Columbia Birth Registration No. 2018-xx-xx5815  2021 BCSC 767 ordered…

Cohabitation Agreement Upheld: S. 93 Family Law Act

In Hudema v Moore 2021 BCSC 587 the parties signed…

When Did Spouses Separate

Liapis v Keshaw 2021 BCSC 502 dealt with the issue…

When Does a Marriage -Like Relationship Begin

In order to determine what property constitutes family property the…

Duress In Family and Estate Situations

Blom v Blom 2921 BCSC 181 set aside a separation…

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-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 Duty Taking Will Instructions: Suspicious Circumstances

The duty of a lawyer/solicitor  in taking will instructions when suspicious circumstances…

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

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…

What Constitutes Practicing Law

Vogt v Scott 2015 BCSC 1725 reviews the essential elements…

Implied Waiver of Solicitor Client Privilege Restricted

HMB Holding Ltd v Replay Resorts Inc 2018 BCCA 263…

Prohibiting Lawyer From Acting

Rubin Estate v Rubin Estate 2017 ONSC 1404  dealt with…

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

Rectification of a Contractual Mistake

The general principles and the operation of rectification were explained…

Adverse Inferences- Under Utilized?

Govorcin Fisheries v Medanic Fisheries 2021 BCSC 1092 reviewed the…

Vexatious Litigants

Universe Emotions v. Forslund, 2021 BCSC 812 is an excellent…

Passive-Aggressive Behaviour

Passive-aggressive people are frequently seen in estate litigation and family…

Principles of Contract Interpretation

Principles of Contractual Interpretation The goal is to ascertain the…

Litigation Funding vs Lawyer Privilege

The issue of litigation funding and lawyer privilege became a…

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

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…

Courts Must Scrutinize Claims Against Estates

Wharton v McMinigal 2014 BCCA 434 is authority for the…

Partition of Property: Minority Interest

The Supreme Court has a discretion under the Partition of…

Partition and Sale of Property Refused

In Kane v. Hanslo 2017 BCSC 2393 a claim for…

Jury Trials

Rule 12 – 6 sets out nine types of court…

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

Renewal of a Notice of Claim

Gill v Basic 20212 BCSC 875 dealt with the renewal…

Vexatious Litigants

Universe Emotions v. Forslund, 2021 BCSC 812 is an excellent…

Adjournment of a Trial

The decision to adjourn a trial hearing is a discretionary…

Legal Disability and Litigation Guardian

Stanford v Murad 2021 BCSC 130 dealt with a legal…

Converting a Petition to an Action

Kerfoot v Richter 2018 BCCA 238 reviewed the law relating…

Certificates of Pending Litigation (CPL)

Lipskaya v Guo 2020 BCSC 2090 canceled a certificate of…

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 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…

Unjust Enrichment Disallowed For Family Workers

The BC Appeal Court in McDonald v McDonald 2017 BCCA…

Unjust Enrichment in Common Law Relationships

The Ontario Court of Appeal in Reiter v Hollub 2017…

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 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…

Overcoming the Presumption of Indefeasible Title

Estate disputes frequently involve issues relating to who is the…