Canada Case Law

Eyles v. Eyles

Court

Supreme Court of British Columbia

Applying the Gronnerud test the decisive criterion was whether the nominee was qualified, prepared and indifferent; evidence established Mr. Colin Allan Millar met that test (qualified as retired family lawyer, prepared to act pro bono, no demonstrated conflict or adverse interest), whereas Ms. McIntosh lacked evidentiary support of qualifications and independence; PGT cannot be compelled to act; accordingly the court appointed Millar as litigation guardian and awarded costs to the claimant.

Source excerpt

• Litigation guardian appointment
• Capacity assessment
• Conflict of interest/indifference
• Public guardian and trustee liability/refusal
• Costs

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Pelletier v. Pelletier

Court

Supreme Court of British Columbia

The court set aside a separation agreement, found fiduciary breaches in handling farm-sale proceeds during Claude Pelletier’s incapacity, and awarded damages.

• Separation agreement
• Power of attorney
• Revocation of poa
• Knowing receipt
• Breach of fiduciary duty
• Unjust enrichment

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Weightman Estate (Re)

Court

Supreme Court of British Columbia

The court revoked a grant of administration obtained by Tanya Weightman after she failed to notify her siblings. Administration was granted to Tyrone Weightman and the estate declared intestate.

• Revocation of grant of administration
• Notice to beneficiaries
• Fiduciary duty of administrator
• Intestate distribution
• Audit of accounts
• Costs

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D.O.D. v. N.V.D.

Court

Supreme Court of British Columbia

The court set aside an unfair separation agreement, ordered equal pension division for the relevant period, and awarded the respondent $30,000 lump sum spousal support.

• Separation agreement enforceability
• Compensatory spousal support
• Non‑compensatory (needs‑based) spousal support
• Retroactive spousal support
• Triggering event for pension division
• Effect of delay and reconciliation

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Re: Pepe

Court

Supreme Court of British Columbia

The court declared Carl Pepe incapable of managing his financial and legal affairs and appointed the Public Guardian and Trustee as committee of his estate.

• Capacity to manage affairs
• Appointment of committee
• Conflict of interest
• Parens patriae jurisdiction
• Capacity-to-manage-affairs
• Committee-appointment

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