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Estates and succession 2024 BCSC 2122

Nasely King (Re)

The court declined to review unredacted legal accounts for special costs where privilege was asserted, leaving the claimant to waive privilege or defer assessment.

  • Special costs
  • Assessment of legal accounts
  • Waiver of solicitor-client privilege
  • Deferment of costs assessment
  • Committeeship
  • Special-costs
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Social security 2024 SST 931

GF v Minister of Employment and Social Development and X

Because X, as committee, held the powers of an executor or administrator under Patients Property Act s.24(1) prior to any representation grant and notice, X qualified as the contributor's estate and was therefore entitled to the CPP death benefit under s.71(1); there is no requirement for the estate to wait 60 days, and the Minister properly paid X, so the Claimant is not entitled to the benefit.

  • Death benefit entitlement
  • Committee of the estate
  • Representation grant
  • Priority of claim
  • Section 71 cpp
  • Patients property act s.24
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Trusts and equity 2024 BCSC 1209

Bjornson v. Mackinnon

The court held that a deceased mother's transfers to a joint survivorship account were an absolute gift, rebutting the presumption of resulting trust.

  • Resulting trust
  • Presumption of advancement
  • Gifts and survivorship accounts
  • Admissibility and weight of contemporaneous statements
  • Summary trial procedure
  • Costs
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Civil procedure 2024 FC 532

Buck v. Canada (Attorney General)

The Federal Court held each plaintiff must serve a separate affidavit of documents. It also set steps to regularize representation for a deceased plaintiff and two allegedly incapacitated plaintiffs.

  • Affidavit of documents
  • Federal courts rules interpretation
  • Rule 115 litigation guardian appointment
  • Devolution of interest after death
  • Compliance with court scheduling orders
  • Costs of motion
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Property law 2024 BCSC 540

Thornton v. Desbiens

The Supreme Court of British Columbia allowed an appeal, holding the Warehouse Lien Act did not apply to a vehicle deposited by police and set aside the Provincial Court order.

  • Warehouse lien act
  • Wills, estates and succession act
  • Possession
  • Storage charges
  • Appeal under small claims act
  • Warehouse-lien-act
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Trusts and trustees 2022 BCSC 943

Zaleschuk (Re)

The court dismissed a petition to remove two trustees of a discretionary trust for a disabled beneficiary, finding no endangerment, dishonesty, or lack of capacity.

  • Removal of trustees
  • Trust administration
  • Accounting/passing of accounts
  • Power of attorney
  • Beneficiary welfare
  • Conflict between beneficiary representative and trustees
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Family law 2020 BCSC 119

Lotimer v. Johnston

Supplementary reasons on costs and prejudgment interest after a successful separation-agreement claim, with double costs ordered from October 17, 2019.

  • Separation agreement enforcement
  • Prejudgment interest accrual
  • Offers to settle and costs consequences
  • Special costs
  • Unjust enrichment
  • Set-off of costs
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Residential tenancies 2020 NSSM 13

Pierce v. Westphal Court Limited

On the facts William Pierce met the statutory definitions of tenant under s.2(j) and s.3(2) of the Residential Tenancies Act by occupying the premises and paying or agreeing to pay rent; the documents relied on by the Landlord did not displace the oral month-to-month tenancy, so the Director's finding that he was only an occupant was incorrect and is vacated.

  • Tenant status
  • Occupant distinction
  • Assignment and succession
  • Interpretation of residential tenancies act
  • Deemed tenancy
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Civil procedure 2019 BCCA 277

Beach Estate v. Beach

Court of Appeal held the chambers judge erred by weighing evidence on a Rule 9-6 application concerning a Settlement Agreement, allowing the appeal in part.

  • Summary judgment (rule 9-6)
  • Striking pleadings (rule 9-5)
  • Res judicata
  • Limitation period
  • Undue influence
  • Duress
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Trusts 2018 BCSC 2438

Hardy Estate v. Wanner

The court found the defendant held joint-account proceeds in trust for the estate, holding the presumption of resulting trust was not rebutted.

  • Resulting trust
  • Presumption of advancement
  • Joint account survivorship
  • Beneficial entitlement
  • Testamentary intent
  • Resulting-trust
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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.