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Canada Case Law

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Estates and wills 2023 BCSC 2463

Charbonneau v. Charbonneau Estate

Le tribunal a annulé deux certificats de litispendance, radié certaines allégations visées par l’estoppel et accordé les dépens aux défendeurs.

  • Certificate of pending litigation
  • Land title act s.252
  • Res judicata/issue estoppel
  • Constructive trust
  • Unjust enrichment
  • Wills variation
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Trusts 2023 BCSC 287

DeCotiis v. DeCotiis Estate

Application to strike parts of an amended notice of civil claim allowed in part. The court kept limited allegations relevant to will variation, but struck several unrelated and prejudicial allegations.

  • Striking pleadings
  • Abuse of process
  • Removal of trustee
  • Will variation
  • Undue influence
  • Trustee breach
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Trusts and trustees 2016 ONCA 962

Cahill v. Cahill

The Court of Appeal dismissed the appeal: the trial judge did not err in finding that the directed $100,000 trust fund was never properly established, Sheila as co-trustee abdicated duties and was therefore jointly and severally liable with Kevin for the $80,642.99 shortfall, and s.35(1) relief was properly refused because Sheila did not act reasonably.

  • Breach of trust
  • Co-trustee liability
  • Section 35 trustee act relief
  • Creation and constitution of trust
  • Damages
  • Costs
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Family law 2003 BCSC 973

C.R. v. A.R.

The court ordered indefinite spousal support of $2,350 per month after reviewing a long marriage, unequal earning capacity, and the parties’ settlement terms.

  • Spousal maintenance review
  • Permanent vs limited support
  • Change of circumstances
  • Income and asset disclosure
  • Wills variation act impact
  • Spousal-support
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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.