Legal Definitions and Terms

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

Recognizing Dementia

I was told by a geriatric psychiatrist that many people have a dementia for two years before it is noted to be a concern. Many times family members are simply
Charitable Trust Declined By Court

Charitable Trust Declined By Court

In Jim Crerar Charitable Trust 2022 BCSC 60 the court interpreted the trust document prepared by the deceased and  created to provide funds to people to prosecute wrongful dismissal claims
Civil Trespass

Civil Trespass

Howes v Fortis BC Inc. 2021 BCSC 2271 Civil Trespass An instructive overview of the tort of trespass, including continuing trespass, is found in Peter Ballantyne Cree Nation v. Canada (Attorney

Contempt of Court

This is a short summary of the law of contempt of court that is a hundreds of years old power of the judiciary and part of the courts method of

Limitation of Actions- New Rules

The Supreme Court of Canada in Grant Thornton LLP v New Brunswick 2021 SCC 31 provided new guidelines for when a plaintiff discovers or should have discovered that a claim

Dismissal of a Court Action For Delay

Dismissal of a court action for inordinate delay ( want of prosecution) requires four criteria: 1) Has there been an inordinate delay; 2) Is the inordinate delay inexcusable; 3) Has

Rectification of a Contractual Mistake

The general principles and the operation of rectification were explained in Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 : If by mistake a legal instrument does not

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

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