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
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 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