Legal Definitions and Terms

Adverse Inferences- Under Utilized?

Govorcin Fisheries v Medanic Fisheries 2021 BCSC 1092 reviewed the principles relating to adverse inferences for failure to call certain witnesses or evidence without valid explanation. It is a principle

Vexatious Litigants

Universe Emotions v. Forslund, 2021 BCSC 812 is an excellent example of the courts shutting down the continued court filings of a vexatious litigant without leave of the court. The
Passive-Aggressive Behavior

Passive-Aggressive Behaviour

Passive-aggressive people are frequently seen in estate litigation and family law matters. People such as parents or partners who display passive-aggressive behavior have a hard time expressing their feelings verbally.
Principles of Contract Interpretation

Principles of Contract Interpretation

Principles of Contractual Interpretation The goal is to ascertain the objective intentions of the parties A practical, common sense approach is required; The court is to look to the contract

Litigation Funding vs Lawyer Privilege

The issue of litigation funding and lawyer privilege became a public news issue during the trial Hulk Hogan vs Gawker when it became known that Peter Thiel had secretly funded

Contempt of Civil Court

College of Physicians BC v. Ezatti 2021 BCSC 205 sentenced “Dr. “ Ezatti to six months in jail plus a $15,000 fine for for flagrantly violating previous findings of contempt

Duress In Family and Estate Situations

Blom v Blom 2921 BCSC 181 set aside a separation agreement and gift letter on the basis of the common law remedy of duress.   The claimant also pleaded S

What Is a Trust

PKMB v DHL 2018 BCSC 186 reviewed some of the basic principles relating to what is a trust. A trust is the relationship, which arises whenever a person called the

Legal Disability and Litigation Guardian

Stanford v Murad 2021 BCSC 130 dealt with a legal dispute involving a demented person who is likely under a legal disability, and thus required a litigation Guardian. The 89-year-old

Express Trusts

The BC Court of Appeal in Xu v Hu 2021 BC CA 2   overturned a finding of the trial judge who had found an express trust over a parcel of