Equitable Claims

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

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

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

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

Racism and Discrimination In Estates

In the spirit of testamentary autonomy, will makers often attempt to impose a condition to a gift and attempt to control the destiny of property or to dictate the conduct
Promises and Reliance: Proprietary Estoppel

Promises and Reliance: Proprietary Estoppel

Khela v Clarke 2021 BCSC 503 examined promises made and reliance thereon which may give rise to a claim for proprietary estoppel which is an equitable doctrine that may form
Equity Demands Clean Hands

Equity Demands “Clean Hands”

The equity demands  “clean hands” doctrine was discussed in Wang v. Wang, 2020 BCCA 15. The clean hands doctrine decrees that “[h]e who comes to equity must come with clean

Promissory Estoppel 2021

Khela v Clarke 2021 BCS752 examined the criteria for a claim of promissory estoppel.   The law is clear that the doctrine of promissory operates in the context of an
Equitable Liens and Charges

Equitable Liens and Charges

Equitable liens and charges are largely created in three situations: by course of conduct; by agreement, or by statute. While there is a historical distinction between equitable liens and equitable

Binding Promises ( Promissory Estoppel)

Promises made and reliance upon them can amount to promissory estoppel and become legally binding. The leading case in Canada on the doctrine of proprietary estoppel is Cowper-Smith v Morgan