Legal Definitions and Terms

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

Guarantee Claims

What Is a Guarantee? A useful definition of a guarantee is found in Western Dominion Inv. Co. v. MacMillan, [1925] 2 D.L.R. 442 (Man K.B.). Reduced to its simplest terms

The Difference Between a Mirror Will and a Mutual Will

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

Standing in Partition – Possessory Interest Required

Pallot v Douglas 2017 BCCA 254 dismissed an appeal and held that the appellant did not have standing to apply for partition of a leasehold interest in trust property owned

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

Alter Ego Trusts

Alter ego trusts are increasingly being used an an estate planning tool for those over 65 years of age. From the perspective of they are typically used by parents
Striking Out Claims, Pleadings, Petitions or Other Documents

Striking Out Claims, Pleadings, Petitions or Other Documents

Parmar v Sidhu 2022 BCSC 1359 reviewed the law relating to striking out claims, pleadings, petitions or other documents. Rule 9-5(1) states: At any stage of a proceeding, the court
Alter Ego Trusts

Alter Ego Trusts

Mong Alter Ego Trust No. 1 v Yip 2022 BCSC 1327 involved a dispute amongst three siblings over two assets transferred into their late mother’s alter ego trust about 8
Credibility and Reliability

Credibility and Reliability

Although credibility and reliability of a witness appear to be the same thing, they are actually quite different legal concepts. Jung estate v Jung estate 2022 BCSC 1298 discussed the
"Without Prejudice" Communications

“Without Prejudice” Communications

In Marziale v Adam 2022 BCSC 1308 the Court concluded that a “Without Prejudice” letter was inadmissible on the basis that it was protected by settlement privilege. The general inadmissibility