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Canada Case Law

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Wills and estates 2024 BCSC 2447

Koochin Estate (Re)

The court granted the estate’s petition for vacant possession of the Makayev Road property, with a writ of possession suspended until January 3, 2025.

  • Vacant possession
  • Writ of possession
  • Executor powers
  • Sale of estate property
  • Costs
  • Trustee act s.86
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Estates and probate 2023 BCSC 1516

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

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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Personal injury 2023 BCSC 1430

Liu (Litigation Guardian of) v. Loblaws Inc.

The court approved a $275,000 personal injury settlement and counsel’s contingency fee, but refused to pay $10,000 to the litigation guardian personally.

  • Settlement approval
  • Litigation guardian duties
  • Contingency fee
  • Trust administration
  • Indemnity costs
  • Settlement-approval
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Civil law 2022 BCSC 1125

Serginson v. Cook

The court refused full release of settlement funds held in trust because the children’s claims from the same accident were unresolved, but allowed a secured advance.

  • Settlement approval
  • Release of funds from trust
  • Advance payment of damages
  • Security for minors' claims
  • Parens patriae jurisdiction
  • Insurer pro rata obligations
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Contract law 2021 BCSC 1741

Zimmerman v. Maximick

The court ordered a conditional transfer of Kenlyn shares, found no binding settlement on the indemnity wording, and rejected the claim that Maximick was a bare trustee.

  • Binding settlement
  • Indemnity
  • Bare trustee doctrine
  • Specific performance
  • Share transfer
  • Directors' duties
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Trusts and trusteeship 2020 BCSC 1615

Blueberry River First Nation v. Laird

The court dismissed trust, fiduciary duty, negligence, and knowing assistance claims arising from Blueberry River First Nation trust transfers and governance decisions.

  • Knowing assistance
  • Knowing receipt
  • Breach of trust
  • Breach of fiduciary duty
  • Negligent governance
  • Trust administration
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Trusts and trusteeship 2018 BCSC 8

Mayer v. Mayer

Trial reasons in a long-running Mayer family business dispute over trust claims, corporate ownership, rents, promissory notes, oppression, and related accounting issues.

  • Express trust
  • Constructive trust
  • Knowing receipt
  • Unjust enrichment
  • Oppression remedy
  • Fiduciary duty
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Estate law 2017 BCCA 238

Hollander v. Mooney

Cross-appeal on estate litigation costs dismissed except for special costs against the appellants for an abuse of process in pursuing costs against a non-party.

  • Representation agreement act
  • Settlement enforcement
  • Special costs
  • Fund preservation and indemnity
  • Costs against non-parties
  • Abuse of process
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Elder law 2017 BCSC 680

Pellerin v. Dingwall

The court found it had territorial competence over a capacity petition, but stayed the proceeding because an Alberta guardianship order had already decided the same issues.

  • Territorial jurisdiction
  • Attornment
  • Parens patriae
  • Recognition and enforcement of foreign judgments/orders
  • Appointment of committee/guardian and trustee
  • Power of attorney
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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.