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Canada Case Law

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Family law 2023 BCSC 2584

Ward v. Ward

The court set aside final family orders made in the respondent’s absence, finding no wilful default and enough arguable property defences to warrant a full hearing.

  • Setting aside default/final orders
  • Summary trial procedure
  • Service and notice
  • Excluded property
  • Allocation of business assets and debt
  • Credibility and fabricated evidence
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Wills and estates 2021 BCSC 950

Pasanen v. Pasanen Estate

The court set aside part of a default judgment in estate litigation, but kept the orders removing the defendants as executors and requiring an accounting.

  • Resulting trust
  • Default judgment
  • Setting aside judgment
  • Executor removal
  • Accounting
  • Capacity and testamentary transactions
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Family law 2019 BCSC 924

Lit v. Lit

La Cour suprême de la Colombie-Britannique a refusé de trancher sommairement un litige familial sur un bien immobilier, mais a permis l’annulation du CPL sous condition d’une garantie de 500 000 $.

  • Gift
  • Presumption of resulting trust
  • Certificate of pending litigation (cpl)
  • Security for cpl cancellation
  • Limitation and laches
  • Appropriateness of summary trial
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Civil procedure 2016 BCCA 253

Ho v. Ho

The Court of Appeal dismissed Paula Ho’s application for leave to appeal a pre-trial discovery order, finding no reasonable prospect of success and no basis for a stay.

  • Pre-trial discovery
  • Part 7 supreme court civil rules
  • Leave to appeal
  • Limited appeal orders
  • Pre-trial-discovery
  • Leave-to-appeal
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Estate law 2016 BCSC 833

Badyal (Re)

The court appointed the Public Guardian and Trustee as administrator of Kuldip Kaur Badyal’s estate, finding special circumstances under s. 7 of the Estate Administration Act.

  • Appointment of administrator under s.7 of the estate administration act
  • Special circumstances justifying appointment
  • Joint tenancy and right of survivorship
  • Protection of minor beneficiaries
  • Resulting trust
  • Fca action against wrongdoer
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Family law 2015 BCSC 1335

S.M.S. v. D.M.T.

Court made consequential post-trial orders on family assets, disputed bank accounts, real property swaps, valuation dates, and maintained a lump sum spousal support award.

  • Division of family assets
  • Valuation date under family relations act
  • Lump sum spousal support
  • Resulting trust
  • Asset characterization (bank accounts and gics)
  • Real property disposition and equalization
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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.