Equitable Claims
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
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”
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 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
Personal Property and Presumption of Joint Tenancy
Robb v Robb 1993 Carswell 110 followed long-established common-law principles and found that shares in a private company were presumed in law to be held in joint tenancy, that is
Mutual Wills vs Mirror Wills Explained
In my experience, there is a lot of confusion amongst the public as to the difference between a mutual will and a mirror will, with the latter often being mistaken
The Presumption of Unconscionable Procurement
The presumption of unconscionable procurement was resurrected in Gefen v Gaertner 2019 ONSC 6015 where the court ordered several agreements and financial documents declared void on the basis that the
The Doctrine of “Clean Hands”
In an action for fraud and misrepresentation Wang v Wang 2020 BCCA 15 the BC Appeal court found the trial judge was incorrect in disallowing a claim by reason that