Canada Case Law

O’Neil v. O’Neil

Court

Supreme Court of Nova Scotia

The defendants proved the conveyance was registered in January 2015 and the plaintiff had knowledge of the transfer by fall 2015 such that he had the material facts to draw a plausible inference of liability; therefore the two-year limitation period under the LAA expired well before the claim was filed in 2025 and the plaintiff failed to show a real chance of avoiding the limitation bar, warranting summary dismissal of the claim.

Source excerpt

• Undue influence
• Limitation periods - discoverability
• Standing
• Summary judgment
• Transfer of land
• Probate/will interpretation

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Pennington Estate v. Haffner

Court

Supreme Court of British Columbia

The court dismissed consolidation but ordered two estate and trust actions to be tried at the same time, with shared disclosure and discovery use.

• Consolidation/joinder of actions
• Rule 22-5(8)
• S.151 wesa leave
• Fiduciary duty
• Power of attorney
• Joint tenancy

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Proudfoot v. Bryant

Court

Supreme Court of British Columbia

Costs ruling on a settlement offer: the plaintiff kept pre-offer costs, lost post-offer costs, recovered pre-offer appraisal expenses, and received a $1,500 uplift.

• Offer to settle
• Costs awards
• Rule 9-1(5)(d)
• Experts' fees
• Uplift costs
• Settlement incentives

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Narayan v. Solus Trust Company Limited

Court

British Columbia Court of Appeal

The Court dismissed in part a review of security-for-costs orders, upheld security for the Thomas appeal, and adjourned the MacNaughton appeal pending a transcript.

• Security for costs
• Review of interlocutory order
• Summary trial
• Common law spouse status
• Stay of appeal
• Transcription of reasons

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Baylis Estate

Court

Supreme Court of British Columbia

The court ordered costs of the will-validity application payable by the estate on a special costs basis, leaving trial costs to the trial judge.

• Will validity
• Undue influence
• Testamentary capacity
• Rectification
• Special costs
• Costs follow the event

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Rogers v. LeClair

Court

Supreme Court of British Columbia

The court granted an adjournment of a wills variation trial, finding the late valuation evidence and trial-length concerns justified delay. The CMA admissibility issue was dismissed without prejudice.

• Trial adjournment
• Admissibility of comparative market analysis valuation
• Property valuation
• Probate
• Costs for trial preparation thrown away
• Trial-adjournment

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Ferguson v. McCormick Estate

Court

Supreme Court of British Columbia

The court declined to decide whether an estate trustee could sell a rental property, finding the evidence insufficient to assess the beneficiary’s care, finances, and alternatives.

• S.86 trustee act directions
• Rules of abatement (wesa s.50)
• Sale of estate property
• Capacity of beneficiary
• Certificate of pending litigation (cpl)
• Trustee prudence and financial planning

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Walcott v. Walcott Estate

Court

Supreme Court of Nova Scotia

The court found claimants established enrichment and corresponding deprivation through sustained, tangible caregiving and maintenance services and that no juristic reason (such as an effective donative intent or other legal justification) existed to bar recovery; accordingly the Estate's application to dismiss was denied and the court awarded monetary restitution of $15,000 each to Rita, Joseph and Rebecca, with the balance of the estate divided under intestacy.

Source excerpt

• Unjust enrichment
• Juristic reason (donative intent)
• Intestacy distribution
• Admissibility of unsigned draft will
• Quantum of recovery

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Kramer v. Kramer

Court

Supreme Court of British Columbia

The court dismissed a Fraudulent Conveyance Act claim over assets moved into an alter ego trust, finding the plaintiff was not a creditor when the transfer occurred.

• Alter ego trust
• Standing under fraudulent conveyance act
• Creditor status
• Shareholder loan characterization
• Admissibility of business records
• Expert medical evidence

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Re Charbonneau Estate

Court

Supreme Court of British Columbia

The court proved the will in solemn form, finding no sufficient suspicious circumstances to rebut capacity or knowledge and approval, and refused conversion to trial.

• Proof in solemn form
• Testamentary capacity
• Undue influence
• Suspicious circumstances
• Conversion of petition to trial
• Costs assessment

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