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Canada Case Law

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Civil contempt 2026 BCSC 356

Bringeland Estate (Re)

The court found Dawne Bringeland in contempt of a 2025 order to deliver estate records and pass accounts, imposed $10,000 in fines, and awarded special costs.

  • Contempt of court
  • Failure to deliver estate assets and records
  • Passing of accounts
  • Service of process
  • Sanctions and fines
  • Special costs
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Estates and trusts 2025 BCSC 1784

Pachaly (Re)

The court dismissed a beneficiary’s request for access to an executor’s iPad or iCloud to obtain Apple Notes metadata, finding no strong evidence justifying that exceptional intrusion.

  • Passing of accounts
  • Document production
  • Metadata
  • Inspection of electronic devices
  • Icloud access
  • Executor remuneration
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Estates and trusts 2025 BCSC 189

Leibenzeder Estate v. MacIntyre

Summary assessment after default judgment in estate litigation: the court awarded special damages and punitive damages against a former administrator for fiduciary breaches, misappropriation, and non-disclosure.

  • Breach of fiduciary duty
  • Misappropriation and conversion
  • Default judgment
  • Summary assessment of damages
  • Punitive damages
  • Passing of accounts
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Estates and trusts 2024 BCSC 2245

Epic Restoration Services Inc v. Fuller et al.

The court held the estate’s executor personally liable for costs tied to the estate’s unsuccessful counterclaim and third-party claim, and set limited steps to determine Epic’s quantum.

  • Executor personal liability for costs
  • Enforcement of costs awards
  • Cause of action estoppel
  • Functus officio
  • Slip rule
  • Third-party claims
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Civil 2023 ONCA 481

Grady v. Grady

The application judge properly exercised discretion to resolve the threshold issue to enable estate administration; the evidence did not establish severance of the joint tenancy because a testamentary disposition alone is insufficient and Tracey Ann Grady failed to meet the evidentiary onus to show severance, so Lisa Grady was properly appointed sole executrix and trustee.

  • Severance of joint tenancy
  • Appointment of executor and trustee
  • Costs in estate proceedings
  • Adjournment and case management
  • Proportionality and summary/process management
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Property law 2023 BCSC 673

Massot v. Shewchuk

The court dismissed a plaintiff’s claim to occupy part of inherited property for grazing, finding no enforceable will challenge, licence, or lease.

  • Will validity
  • License vs lease
  • Land title registration
  • Section 73 lta
  • Colour of right
  • Costs
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Capacity and guardianship 2023 BCCA 137

Mendres v. Ramsay

Court of Appeal dismissed an appeal from the appointment of committees over Valerie Anne Edwards, finding no reviewable error in the summary procedure or the assessment of best interests.

  • Committee appointment
  • Parens patriae jurisdiction
  • Summary petition procedure
  • Best interests assessment
  • Weight of evidence
  • Committee-appointment
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Guardianship/committeeship 2023 BCSC 1849

Cameron (Re)

The court dismissed an application to vary a committeeship order, holding there was no material change in circumstances and that existing mechanisms should be used first.

  • Variation of committee order
  • Material change test
  • Parens patriae jurisdiction
  • Costs allocation
  • Committeeship-variation
  • Material-change-in-circumstances
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Estates and trusts 2022 BCCA 401

De Angelis v. Siermy

Appeal dismissed in a family estate dispute. The court upheld findings that no testamentary contract was proven and that unjust enrichment failed despite an error on clean hands.

  • Testamentary contract
  • Breach of contract
  • Unjust enrichment
  • Clean hands doctrine
  • Handwriting/authenticity evidence
  • Credibility findings
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Contract law 2022 NSSC 300

Estate of Rector v. Estate of Guest

The court found Doris Rector had not completed payments and the Guests had waived strict contractual compliance by accepting ongoing payments, but they failed to give unambiguous reasonable notice of withdrawal of that waiver before selling the property; equity required giving the estate a cure period — the personal representative of Doris Rector was given 90 days to pay $1,808 plus simple interest at 3.5% from March 1, 2012 to obtain the deed; claimant's damages claim against Paul Graham was dismissed for lack of proof.

  • Waiver
  • Notice of revocation of waiver
  • Statute of frauds (waiver exception)
  • Specific performance/equitable relief
  • Damages for nuisance
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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.