Wills Drafting: The Myth of the “Simple Will”
January 10, 2019 No Comments
It must be stressed that any document that has consequences as permanent and far-reaching as a Will can never be “simple.” Even a straightforward Will
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23 Signs of Undue Influence in Dysfunctional Families
February 16, 2018 No Comments
Undue influence is very common in dysfunctional families and many of the indicators to watch out for are summarized in this blog. I am frequently
Proprietary Estoppel (SCC)
February 2, 2018 No Comments
In a significant win for disinherited individuals who were promised to inherit an asset, the Supreme Court of Canada in Cowper-Smith-Smith v. Morgan , 2017
Highest Court Encourages Alternatives to Trial
September 14, 2017 No Comments
The Supreme Court of Canada released its decision in Hryniak v. Mauldin (2014 S.C.C. 7, [2014] 1 S.C.R. 87) and encouraged alternative solutions to a
Executors/Trustees Must Care For Estate Assets
September 13, 2017 No Comments
The law is clear that a personal representative (executors, trustees, and administrators) has a duty to care for the assets of the estate: Stanger v.
Adding, Substituting and Removing Parties to an Action
September 10, 2017 No Comments
Stewart v Stewart 2017 BCSC 1532 also dealt with Rule 6-2 (7) that deals with adding, substituting or removing parties to a court action. Rule
Life Estate Can Be Partitioned
September 1, 2017 No Comments
Aho v Kelly 1998 CarawellBC 1285 held that a one third owner of a property who also held a life estate in the property had
Duress
August 31, 2017 No Comments
Milionis v Rivas 2017 ONSC 5001 discussed the law of duress when an application was brought to seek a declaration that a $400,000 mortgage was
Life Estate Valuation
August 28, 2017 No Comments
Re: Zarowiecki 1092 CarswellMan 99 dealt with the valuation of a life estate in a homestead and followed the formula dictated by the Supreme Court
Occupational Rent Ordered For Non Vacating Son
August 26, 2017 No Comments
An order for occupational rent of $42000 per month was ordered against a son who had lived with his mother and who effused to vacate