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The court dismissed a settlement-enforcement application in a family property dispute, holding the agreement required a mutual release limited to the petition and that the respondent repudiated by withholding payment.
Appeal about whether partnership property and a bank account were held with a right of survivorship. The majority dismissed the appeal; Goepel J.A. dissented.
Court held the donor was legally incapacitated as of May 1, 2007; Respondent was required to account for assets from that date to November 1, 2014; Respondent's late unsworn affidavit was disregarded; Respondent failed to provide adequate documentary accounting for substantial assets and must repay the net shortfall after credited legitimate expenses (specified credits: apportioned living costs, documented medications, partial credit for car purchase less residual value, insurance/registration and gasoline to be agreed); funds for which Respondent cannot satisfactorily account must be paid in…
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The court held it was premature to award special or indemnity costs on interlocutory petitions, leaving committeeship costs to the trial judge and awarding cause costs on two petitions.
The court varied a will under British Columbia’s Wills Variation Act and dismissed an unjust enrichment claim arising from family work and caregiving.
The Court held that the subject RRSP proceeds were deemed to have been received by the deceased immediately before death under ss.146(8.8) and 146(8) and included in his 2009 income; the Consent Order did not retroactively change beneficiary status or constitute a rectification that converted the proceeds into a spousal refund of premiums; the children assigned rather than disclaimed their interests; therefore the rollover relief under ss.146(1)/60(1)(l) did not apply and the reassessment was correct.
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The appeal was dismissed because the ex parte order was obtained by material non-disclosure and was therefore properly set aside; there was no demonstrable error, reasonable apprehension of bias, or procedural unfairness on the record, and costs were awarded to the respondent.
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Application to add an omitted plaintiff in a Family Compensation Act action was dismissed because the affidavits did not adequately explain the delay or answer prejudice concerns.
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.
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