Canada Case Law

Liu v. Borden Ladner Gervais LLP

Court

British Columbia Court of Appeal

The application for review is dismissed because the appellants failed to demonstrate reversible error in the chambers justice's discretionary denial of leave; the proposed appeal raised no issue of significance to the practice beyond application of established law to the case's facts, carried limited utility to the action, and had no realistic prospect of success; Dhillon does not displace solicitor-client privilege and the common interest exception was not established on the record.

Source excerpt

• Leave to appeal
• Common interest exception to privilege
• Duty of care to non-clients
• Discovery
• Sealing orders
• Interests of justice

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Pagliaro v. Pagliaro

Court

Supreme Court of British Columbia

The court held that family-property proceeds held in counsel’s trust account were not attachable by a garnishing order while FLA entitlements remained uncertain.

• Garnishment
• Attachment of trust funds
• Interim distribution (s.89 fla)
• Asset restraint (s.91 fla)
• Family debt (s.86 fla)
• Trust retainer

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Neubauer v. Neubauer

Court

Supreme Court of British Columbia

The court dismissed an application to stop the sale of an estate home and to remove the executor, finding no conflict, no improvident sale, and no basis for removal.

• Executor removal
• Injunction against sale
• Will variation challenge
• Improvident sale
• Conflict of interest
• Estate administration

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Lu v. Dentons Canada LLP

Court

Supreme Court of British Columbia

On a Rule 9-5(1)(a) application, the court struck the amended notice of civil claim against Dentons Canada LLP and Trustee Jordan Schultz for failure to plead material facts supporting breach of trust.

• Breach of trust
• Pleading sufficiency
• Constructive knowledge
• Trustee de son tort
• Lawyer trust accounts
• Rule 9-5 striking pleadings

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Elizabeth Fry Society of Greater Vancouver v. British Columbia (Public Guardian and Trustee)

Court

Supreme Court of British Columbia

The court certified a class proceeding over alleged failure by the Public Guardian and Trustee to open RESPs and obtain CLB and BCTESG benefits for children in care.

• Resp and government grants (clb, bctesg)
• Aggregate damages
• Representative plaintiff under s.2(4) cpa
• Preferable procedure
• Injunctive and declaratory relief
• Punitive damages

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Baring v. Farm Credit Corporation et al

Court

Supreme Court of British Columbia

The court granted a payment-out application from funds held in court, directing $852,265.93 to trust pending further order and awarding $3,000 costs.

• Payment out of court funds
• Priority of competing claims
• Certificates of fees
• Judgment enforcement
• Allocation of sale proceeds
• Payment-out-of-court-funds

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Bringeland Estate (Re)

Court

Supreme Court of British Columbia

Costs decision in an estate removal proceeding: Hal was awarded Scale B costs, the removed executor received limited indemnity, and no special or double costs were ordered.

• Executor removal
• Costs awards
• Special costs
• Indemnification of trustees
• Offers to settle
• Executor-removal

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Glendale v. Walker

Court

Supreme Court of British Columbia

The court appointed a neutral administrator pending litigation for the Matewish estate, holding that a Notice of Dispute can qualify as a proceeding under s. 103 WESA.

• Appointment of administrator pending litigation
• Will validity
• Testamentary capacity
• Undue influence
• Conflict of interest
• Costs allocation

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Barbieri Estate v. White

Court

Supreme Court of British Columbia

The court removed Rick Barbieri as executor and trustee after finding he self-dealt by transferring estate property without consent and below market value.

• Removal of executor
• Self-dealing by trustee
• In specie interim distribution
• Accounting and passing of accounts
• Wesa s.155(2)(c)
• Wesa ss.158-159

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Nourifard v. Emadzadeh

Court

British Columbia Court of Appeal

The Court of Appeal allowed an appeal from summary dismissal of a share-trust claim, holding that credibility and factual conflicts meant the limitation issue could not be decided under Rule 9-6.

• Discoverability
• Statute of limitations
• Breach of trust
• Summary judgment under rule 9-6
• Share transfer restrictions
• Equitable lien

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