Canada Case Law

Arnaldi v. Liggett

Court

Supreme Court of British Columbia

Registrar found the hours billed (629 by lawyer, 78.2 by staff) were excessive and not reflected in the work product; substantial portion of staff time was administrative or training and should not be billed; lawyer failed to demonstrate required skill and produced pleadings and submissions lacking legal analysis despite extensive research charges; solicitor's disciplinary history and trust-account restrictions were relevant; applied s.71(4) factors and reduced allowed fees to $60,000 inclusive of disbursements, taxes, interest and amounts already paid; because reduction exceeded 1/6th, solic…

Source excerpt

• Billing dispute
• Bill review under lpa
• Reasonableness of legal fees
• Retainer agreement
• Interest charges
• Probate and administration

Read case analysis

De Cotiis Estate

Court

Supreme Court of British Columbia

The court granted delivery up, sealing, disqualification, and special costs after counsel used prima facie privileged estate documents in related litigation.

• Disqualification of counsel
• Wills variation
• Probate and administration
• Delivery up of privileged documents
• Sealing order
• Special costs

Read case analysis

Ali v. Narayan

Court

Supreme Court of British Columbia

In an oral chambers ruling, the court granted an adjournment generally in overlapping estate and family-property proceedings to avoid multiplicity and inconsistent outcomes.

• Adjournment of trial
• Probate and administration
• Litigation representative
• Consolidation of proceedings
• Certificate of pending litigation
• Property division

Read case analysis

Bautista v. Gutkowski Estate

Court

Supreme Court of British Columbia

The court varied a mother’s will under WESA s. 60, finding she owed a moral duty to her only son and that estrangement did not justify the original division.

• Wills variation
• Testamentary autonomy
• Moral duty to children
• Estrangement
• Probate and administration
• Wills-variation

Read case analysis

Tayelor v. Johnson Estate

Court

Supreme Court of British Columbia

Application to dismiss an estate dispute for want of prosecution was denied. The court found the delay inordinate but excusable and insufficiently prejudicial.

• Want of prosecution
• Dismissal for delay
• Revocation of will by marriage
• Certificate of pending litigation (cpl)
• Probate and administration
• Want-of-prosecution

Read case analysis

Fahey v. Fahey

Court

Supreme Court of British Columbia

The court dismissed an application to dismiss a deceased plaintiff’s action for want of prosecution, ordered a third-party litigation representative within three months, and awarded costs from the estate.

• Dismissal for want of prosecution
• Litigation representative
• Probate and administration
• Undue influence
• Service of process
• Dismissal-for-want-of-prosecution

Read case analysis

Sull v. Pengelly

Court

Supreme Court of British Columbia

Court found the executrix breached fiduciary and accounting duties, upheld resulting trust principles, and ordered Bonnie Pengelly to pay the plaintiff $188,307 plus compound interest.

• Enduring power of attorney
• Resulting trust
• Executor's duty to account
• Misappropriation of estate funds
• Undue influence
• Constructive/resulting trust

Read case analysis

Burkett v. Burkett Estate

Court

Supreme Court of British Columbia

Après avoir examiné la capacité de Rhoda Burkett, la cour conclut à une fiducie résultoire, retient l’influence indue de Barry et l’écarte comme exécuteur.

• Resulting trust
• Undue influence
• Breach of trust
• Removal of executor
• Power of attorney misuse
• Probate and administration

Read case analysis

Lerner v. Lerner Estate

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from a stay order, holding that Manitoba was the more appropriate forum and the chambers judge gave adequate reasons.

• Forum non conveniens
• Territorial competence
• Stay of proceedings
• Fiduciary duty
• Probate and administration
• Forum-non-conveniens

Read case analysis

Hayman Estate v. Gordon

Court

Supreme Court of British Columbia

Application to appoint a representative ad litem for an unrepresented estate was dismissed. The court held the rule and statute did not authorize starting the action.

• Representative ad litem appointment
• Administrator ad litem
• Probate and administration
• Recovery of alleged wrongful gifts
• Origin and scope of s.9 estate administration act / rule 5(19)
• Estate-administration

Read case analysis