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Decisions matching the current search
The court held that Douglas Broad lacked capacity to sign a 2009 transfer of the Thrums property to joint title with his sister, so the transfer was voidable and the property was vested in him.
Summary trial in a contract-for-sale dispute over the Point Grey Home: non est factum and specific performance turned on unresolved factual conflicts, and the court ordered an expedited trial.
The court held that Rae Lawrence had capacity to sign the 1998 transfer, found no undue influence or unconscionability, and dismissed negligence claims against the notary.
The court held that the husband lacked capacity to grant a power of attorney, but no relief followed. It varied the will to give the widow 25% and the daughters 75%.
The court ordered the defendant to hold $25,500 in trust for the plaintiff, with tracing, prejudgment interest, and special costs, after unauthorized transfers from a vulnerable patient’s funds.
Court permitted discovery of an elderly plaintiff despite discontinuance, upheld the counterclaim against third parties, and reserved special costs.
The court found the deceased lacked capacity by August 1994, held Beverley Welsh breached fiduciary duties under a power of attorney, and dismissed the caregiving counterclaim.
The Supreme Court of Canada annulled two deeds of sale, holding that total insanity was not required and that mental weakness can defeat valid consent.
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