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Canada Case Law

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Trusts 2023 BCSC 1711

Whitson v. Whitson

The Supreme Court of British Columbia held that the Public Guardian and Trustee owed no duty of care, but found Claire-Laura Whitson liable for breach of trust.

  • Breach of trust
  • Breach of fiduciary duty
  • Duty of care
  • Proximity and foreseeability
  • Accounting by trustee
  • Variation of court orders
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Family law 2018 NSFC 3

J.K. v. H.K.

Court found applicant entitled to non‑compensatory spousal support due to permanent disability and need, concluded respondent's structured settlement annuity payments are income for support purposes (akin to disability benefits) but determined respondent has already satisfied his support obligation through prior annuity payments of approximately $65,000; accordingly no further payments are required despite an assessed guideline amount.

  • Entitlement
  • Income characterization
  • Constructive receipt
  • Spousal support advisory guidelines
  • Duration of support
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Infants law 2006 BCSC 1762

Andrist & Others v. Mason

The court refused to approve an infant settlement structured to pay benefits after majority, finding it was not shown to be in the child’s best interests.

  • Approval of infant settlement
  • Structured settlement after majority
  • Allocation of indivisible expenditures
  • Public guardian and trustee objections
  • Loss of dependency
  • Household services
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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.