Equitable Claims

Court Inherent Jurisdiction to Prevent Miscarriage of Justice

In Zant v Zant 2022 BCSC 2023 the Court exercised it’s inherent jurisdiction to prevent an abuse of court and miscarriage of justice. During temporary covid court rules, an imposter

Equity Exoneration

In Zeligs v Janes 2015 BCSC 525 the court imposed a constructive trust on the amount of two mortgages taken out on the property of the donor by his attorneys

Court Approval of a Sale

The test to be established by a party seeking approval of sale is whether the sale is provident and the sale was conducted in a business-like manner, as noted in

Debts Owed By Beneficiary Must Be Accounted For

Re Kolic Estate 2022 BCSC 1527 reviewed an equitable principle in the distribution of an estate , that an indebted beneficiary of the estate must first bring his or her

Promissory Estoppel and Equitable Easements

Purdy v Pighin 2022 BCSC 14099 followed Young v. Beck, 2017 BCCA 248 and reviewed the law relating to an equitable easement based upon the doctrine of proprietary estoppel. The
S.10 Law & Equity Act Used to Enforce Settlement

S.10 Law & Equity Act Used to Enforce Settlement

Binning v Gill 20922 BCSC 1479 reviewed the law relating to court applications to enforce settlements and relied upon S. 10 of the Law & equity Act to enforce a
The Doctrine of Illegality in Estates

The Doctrine of Illegality in Estates

The doctrine of illegality was expressed in the Latin phrase ex turpi causa non oritur actio that was founded on public policy that one should not profit from an illegal
Unconscionable Procurement

Unconscionable Procurement

Sandwell v Sayers 2022 BCSC 605 discussed at length the legal construct referred to as unconscionable procurement, however dismissed the plaintiff’s claim that the defendant held her interest in the
S. 86 Trustee Act Directions After a Murder | Disinherited

S. 86 Trustee Act Directions After a Murder

Re Unger 2022 BCSC 189 involved an application by the executors of the estate for advice and direction as authorized by Section 86 of the Trustee act regarding the disposition
The Equitable Principle of Disgorgement | Disinherite

The Equitable Principle of Disgorgement

Disgorgement is the giving up of funds by a fiduciary where a breach of fiduciary duty was involved. They typically involve the restitution remedy of recovering ill-gotten profits made by