The Doctrine of “Clean Hands”
January 26, 2020 No Comments
In an action for fraud and misrepresentation Wang v Wang 2020 BCCA 15 the BC Appeal court found the trial judge was incorrect in disallowing
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Special Costs for Reprehensible Conduct
November 6, 2019 No Comments
Kim v Choi 2019 BCSC 1792 brought an application for special costs against the defendant for alleged reprehensible conduct but the court refused special costs
Badges of Fraud
June 19, 2019 No Comments
Nouthi v Pourtaghi 2019 BCSC 794 referred to the badges of fraud” as referred to in Dexia Credit Local v. Rogan, 2008 BCSC 1406: [23] …
Enforcing Settlements and Settler’s Remorse
October 4, 2018 No Comments
Sojka v Sojka 2018 BCSC 562 reviews the law with respect to enforcement of a settlement reached at a mediation where both parties were represented
Money Paid By Mistake (Money Had and Received)
September 1, 2018 No Comments
Newman v Beta Maritime Ltd 2018 BCSC 1442 discussed the situation where money “had and received” is a cause of action which is available where
How to Defeat a Testamentary Gift: Beneficiary Fraud
April 28, 2018 No Comments
“Fraudulent beneficiaries” has arisen in a claim that I am aware of currently before the courts, where it is alleged that the deceased was fooled
The “Badges of Fraud”
April 15, 2014 No Comments
Fraud is a deception deliberately practiced in order to secure unfair or unlawful gain (adjectival form fraudulent; to defraud is the verb, and the Badges of Fraud are
QUANTUM MERUIT OR UNJUST ENRICHMENT
November 19, 2013 No Comments
It is often difficult for a court to determine if a claim should be paid on an hourly rate for services performed( quantum meruit), or
Understanding the Fraudulent Conveyance Act
November 19, 2013 No Comments
The British Columbia Fraudulent Conveyance Act is a statute designed to give a remedy to creditors frustrated in collecting their debts by a debtor who has
Molester’s Transfer of Assets to Avoid Victim’s Judgement
October 16, 2013 No Comments
Kirk (Guardian ad litem of) v Kirk estate 2012 BCSC 1346. The infant plaintiffs, through their father, were the granddaughters of the deceased, and claimed