Canada Case Law

Melanson v. Langille

Court

Supreme Court of Nova Scotia

The court found the four adjoining parcels together constituted the matrimonial home under s.3 of the MPA because they were acquired during the marriage and used for the use and enjoyment of the residence; the disposition by the deceased contravened s.8(1) (no consent, release, court order or designation) and the grantee failed to show acquisition for valuable consideration in good faith without notice, so the conveyance was set aside under s.8(2). Having found unreasonable impoverishment of the matrimonial assets and that equal division would be unfair and unconscionable under s.13 (due to d…

Source excerpt

• Matrimonial home definition
• Disposition of matrimonial home under section 8 mpa
• Setting aside conveyance
• Unequal division under section 13 mpa
• Affidavit of status sufficiency
• Probate and estate interests

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Robertson v. Lauchlin Enterprises Ltd.

Court

Supreme Court of British Columbia

The court found the second petition was an abuse of process because it duplicated related shareholder litigation, but stayed it rather than striking it.

• Abuse of process
• Oppression remedy
• Liquidation
• Stay of proceedings
• Costs
• Probate

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Chiu v. Yee

Court

Supreme Court of British Columbia

In this family property dispute, the court held the claimant’s sole-name savings were not family assets, valued property at trial, and reapportioned the Edgelow proceeds 75/25 in favour of the estate.

• Family asset
• Ordinary use for family purpose
• Triggering event
• Valuation date
• Reapportionment
• Onus of proof

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I.J. v. J.A.P. Estate

Court

Supreme Court of British Columbia

The court allowed E. to be added as a party, removed estate counsel and the administrator for conflict, refused a discovery extension, and dismissed a proposed estate payment as premature.

• Adding party (posthumously conceived child)
• Beneficiary status (posthumous conception/ivf)
• Removal of estate solicitor for conflict of interest
• Removal of estate administrator/trustee
• Examination for discovery time limits
• Interim payments from estate

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MacCallum v. Langille Estate

Court

Nova Scotia Court of Appeal

The motion to extend time was denied because the Notice of Appeal failed to disclose any applicable grounds, the proposed appeal was without merit, allowing an extension would prejudice the Estate by causing unnecessary expense given the appellant's history of unpaid costs and conduct, and therefore an extension was not in the interest of justice.

Source excerpt

• Security for costs
• Extension of time
• Dismissal for failure to perfect appeal
• Costs orders
• Standing

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Lang v. Wang

Court

Supreme Court of British Columbia

Family property and spousal support dispute: the court excluded most liquid assets, rejected Kennedy Town as family property, reapportioned property 65/35 in the respondent's favour, and denied support.

• Division of family property
• Excluded property and tracing
• Reapportionment (unequal division)
• Spousal support (needs-based)
• Probate and un‑probated wills
• Misappropriation of funds

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Dunn v. Baird Estate

Court

British Columbia Court of Appeal

Court of Appeal allowed leave in part under s. 151 WESA, finding an arguable resulting-trust claim over a $200,000 transfer, but upheld refusal on the POA misuse claim.

• S.151 wesa leave to commence proceedings
• Presumption of resulting trust
• Purchase money resulting trust
• Power of attorney misuse
• Good faith requirement for leave
• Costs and special costs

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Stewart v. Sanddar Estate

Court

Supreme Court of British Columbia

The court ordered sale of a co-owned Vancouver property, gave the parties joint conduct of sale, denied occupational rent, and directed removal of personal property.

• Partition and forced sale
• Conduct of sale (exclusive v joint)
• Occupational rent (ouster)
• Removal and preservation of personal property
• Executrix powers and probate
• Partition-and-forced-sale

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Lee v. Lee Estate

Court

Supreme Court of Nova Scotia

The court found a binding settlement existed based on clear instructions to counsel, correspondence and email exchanges reflecting agreement on all essential terms; counsel had authority to settle, and the essential terms (monetary payment, payment within 30 days, dismissal without costs, and a confidentiality obligation with a penalty for the applicant) were sufficiently certain to be declared and enforced and incorporated into an order without requiring a separately drafted non-disclosure agreement.

Source excerpt

• Enforcement of settlement agreement
• Capacity and undue influence
• Confidentiality/non-disclosure agreement
• Costs

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Kyle Estate v. Kyle

Court

British Columbia Court of Appeal

The Court of Appeal upheld the resulting trust finding over a joint account, but amended the remedy to the estate, set aside property appreciation disgorgement, and varied costs.

• Resulting trust
• Right of survivorship
• Disgorgement
• Fiduciary duty
• Executor conflict of interest
• Special costs vs party and party costs

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