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Civil procedure 2025 BCSC 2293

Massot v Shewchuk

The court declared the plaintiff a vexatious litigant and awarded special costs after repeated, unfounded litigation over a probate dispute, while finding summary trial unavailable.

  • Vexatious litigant
  • Special costs
  • Probate administration
  • Trespass
  • Dismissal for abuse of process
  • Summary trial procedure
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Solicitor-client privilege 2024 BCCA 225

Barbieri v. White

The Court of Appeal varied an estate litigation order, holding that a consent order waived privilege over estate accounting and fee amounts, but not legal advice in invoices.

  • Waiver of privilege
  • Consent order interpretation
  • Joint interest doctrine
  • Remedies (return/disqualification)
  • Inadvertent disclosure
  • Redaction
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Civil procedure 2021 BCSC 519

Shen v. Chan

The Supreme Court of British Columbia dismissed Ms. Shen’s action for want of prosecution after finding inordinate, inexcusable delay, prejudice, and non-compliance with court orders.

  • Dismissal for want of prosecution
  • Delay and prejudice
  • Fraud allegations
  • Case management compliance
  • Fraudulent conveyance
  • Want-of-prosecution
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Property law 2021 BCSC 70

Lee v. Chau

Summary trial concerning a property transfer, resulting trust, unjust enrichment, and WESA standing. Judgment was granted for the defendants, dismissing all claims.

  • Resulting trust
  • Inter vivos gift by joint tenancy
  • Wills variation under wesa s.60
  • Unjust enrichment
  • Hearsay admissibility and principled approach
  • Suitability of summary trial
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Trusts and trustees 2017 BCSC 334

de Beerenbrouck Estate v. Canisius

The court held that the administrator had to account from the date of appointment only and was not required to give further pre-appointment disclosure absent evidence of misconduct.

  • Passing of accounts
  • Duty to account pre-appointment
  • Trustee obligations and standard of care
  • Judicial discretion under trustee act
  • Passing-of-accounts
  • Trustee-duty-to-account
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Family law 2015 NSSC 119

Casavechia v. Casavechia Estate

The court concluded there is insufficient evidence to effect an equal division of the 28‑acre property or to determine that acreage is equal in value or can be subdivided without prejudice; therefore immediate conveyance of a one‑half interest and an order requiring the trustee to fund the applicant's proposed survey are denied. The trustee, as appointed, must obtain necessary information and exercise discretion to protect estate beneficiaries; the matter is adjourned for further evidence and review before any division is ordered.

  • Division of matrimonial assets
  • Valuation and appraisal
  • Subdivision and survey costs
  • Trustee powers and duties
  • Effect of will and codicil
  • Testator's family maintenance
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Insurance law 2013 NSSC 167

Williams Estate (Re)

The insurer's application under s.217 of the Insurance Act was granted: policy proceeds were to be paid into court and held in an interest-bearing account pending further order because there was no determination disentitling the beneficiaries, beneficiaries are prima facie entitled to interest on funds they will be entitled to, and concerns about tax clearance and probate fees do not justify holding funds in a non-interest bearing account or refusing payment into court.

  • Beneficiary designation
  • Authority of attorney under power of attorney
  • Payment of funds into court under statute
  • Interest on funds held in court
  • Estate clearance certificates and tax clearance
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Civil 2011 BCSC 509

Houston v. O’Connor

The court dismissed a negligence claim against a lawyer at the close of the plaintiff’s case for lack of evidence on standard of care and damages.

  • No-evidence motion
  • Standard of care
  • Damages
  • Costs and double costs
  • Special costs
  • Severance of joint tenancy
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Fraudulent conveyance act 2010 BCSC 1741

G. M. S. v . W. W. R.

The court set aside asset transfers by a stepfather to his son as fraudulent conveyances, but dismissed the plaintiff’s unjust enrichment claim.

  • Fraudulent conveyance
  • Voidable transfers
  • Constructive/trust declaration
  • Bona fide purchaser
  • Juristic reason
  • Causation in unjust enrichment
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Corporate law 2010 BCSC 1378

Byle v. 0143622 B.C. Ltd.

The court found the Foundation held 20 voting shares, ordered recognition of James and Sidney’s share interests, and granted oppression relief against Eleanor.

  • Oppression remedy
  • Shareholder disputes
  • Directors' duties and appointment
  • Transmission of shares on death
  • Charitable foundation shareholding
  • Relief under s.227
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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.