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Family-law trial on guardianship, child support, spousal support, and property division after the respondent’s death, preserving the testamentary guardian and reallocating assets.
The court dismissed a family claim for want of prosecution after finding more than eight years of inordinate, inexcusable delay and concluded justice did not allow it to continue.
The court found an oral loan agreement between close friends, admitted supporting hearsay evidence, rejected the gift and limitation defences, and awarded the plaintiffs $85,322.51 plus interest and costs.
The British Columbia Court of Appeal dismissed two trust-and-development appeals, finding no reversible error in the trial judge’s fiduciary-duty and causation analysis.
The appeal is dismissed because the Tribunal established that the claimant is deceased, provided and documented adequate notice and instructions for continuation, and no one demonstrated authority or contacted the Tribunal to represent the claimant's estate within the time allowed.
Source excerpt
Summary trial under the Family Relations Act over division of family property, a residence, joint accounts, rent, taxes, and operating costs after separation and death.
The court held that the defendants failed to prove the deceased forgave a loan balance of $205,712.16, and judgment was entered for the estate.
Court held it lacked jurisdiction and evidence to make substantive orders over foreign assets; most motion requests were adjourned and fee-variation requests dismissed.
The Supreme Court of Canada held that a note signed by the deceased was a promissory note, and a collateral promise not to enforce it until death did not negate consideration.
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