Broken Promises and Reliance Thereon
October 27, 2019 No Comments
Many estate disputes arise out of alleged “broken promises” to be provided for after death in a certain agreed manner concerning real property in the
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Equity and Clean Hands
April 2, 2019 No Comments
Kim v Choi 2019 BCSC 437 involved a plaintiff seeking the equitable remedy of restitution against unscrupulous immigration consultants and discussed the necessity of coming
Tracing Assets
October 9, 2018 No Comments
The classic statement of law relating to the process of tracing assets is found in the decision of the Ontario High Court of Justice in
The “In Law Suite” (Unjust Enrichment)
February 4, 2018 No Comments
A common source of estate litigation is the contribution of funds towards an “ in law suite”, that ultimately does not work out over time,
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
Quantum Meruit (Unjust Enrichment) For Care-Worker
November 23, 2017 No Comments
What is Quantum Meruit? Tarantino v Galvano 2017 ONSC 3535 awarded the sum of $273,000 for caregiving services provided under the basis of a quantum
“Good Conscience” Constructive Trusts
March 15, 2017 No Comments
The Ontario Court of Appeal in Moore v Sweet 2017 ONCA 182 discussed the concept of constructive trusts that had been pronounced by the Supreme
Unjust Enrichment in Common Law Relationships
March 14, 2017 No Comments
The Ontario Court of Appeal in Reiter v Hollub 2017 ONCA 186 reviewed the law of unjust enrichment and dismissed a 6 year common law
Parent Money to Children: Gift or Loan?
March 6, 2017 No Comments
Dheenshaw v Gill 2017 BCSC 319 deals with an increasingly commonly litigation problem- the advancement of large sums of parents money to their children and the
Laches
November 15, 2016 No Comments
Laches was discussed and rejected by the court in Grewal v Khakh 2016 BCSC 2055, where the court quoted the Supreme Court of Canada: 52 In