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Canada Case Law

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Trusts and estates 2024 BCSC 1033

Derreth (Re)

The court held that an attorney could not be authorized to gift $250,000 to himself because the enduring power of attorney did not expressly permit it.

  • Enduring power of attorney
  • Gifts by attorney
  • Section 20 paa interpretation
  • Court authorization of attorney acts
  • Enduring-power-of-attorney
  • Gifts-by-attorney
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Real property 2023 BCSC 549

Wilson v. Koch

The court refused to decide a specific performance dispute summarily under Rule 9-7 because credibility conflicts and disputed authority required a conventional trial.

  • Specific performance
  • Summary trial (rule 9-7)
  • Fiduciary duty / undue influence
  • Power of attorney
  • Joint tenancy
  • Caveat
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.