Conflict of Interest
Executor Ordered to Produce Deceased’s Medical Records
An Alberta case Petrowski v Petrowski 2005 ABQB ordered the executor to produce medical records of the deceased pointing to her obvious conflict of interest in having the exclusive authority
Removal of a Committee or Litigation Guardian
The applicable case law and test for the appointment and removal of committee or litigation guardian of a patient’s estate is the Supreme Court of Canada decision of Gronnerud v
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 conflict of interest. The court set out the criteria for
Trustee Cannot Be in Conflict With Duty
Equity will not allow a person who is in a position of trust to carry out a transaction where there is a conflict between his or her duty and his
Removal of Executor/Trustee For Conflict of Interest
As a BC estate lawyer, I am often asked to remove an executor/trustee. Re Ching 2016 BCSC 1111 is one of several cases where the courts have indicated their reluctance
Ensuring Independent Legal Advice
Many transactions are set aside in British Columbia by the courts on the basis that true independent legal advice was not obtained by the person making a radically changed will
Independent Legal Advice – 7 Factors to Look For
I am typically attempting to set aside a transaction or a will and I often look to see if there was independent legal advice (ILA) given and if so, was
Passing Over an Executor
Passing over an executor utilizes essentially the same legal criteria as removing an executor except it occurs before the named executor starts to act in the representative capacity. Re Thommasson Estate
Prohibiting Lawyer From Acting
Rubin Estate v Rubin Estate 2017 ONSC 1404 dealt with an application of prohibiting Lawyer from acting for her siblings and mother who were being sued by one daughter. The
Judicial Bias
Allegations of judicial bias occasionally make the news when a litigant asserts that the proposed Judge is so biased that a fair trial cannot be obtained, and the Judge is