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Bankruptcy and insolvency 2024 BCSC 729

Yang v. Lu

The court dismissed a bankruptcy application to lift the automatic stay, finding the proposed claims against Ping Hui Lu were barred by res judicata or merger.

  • Lifting automatic stay
  • Res judicata
  • Merger
  • Breach of trust
  • Constructive trust
  • Accounting and tracing
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Wills and estates 2024 BCSC 250

Walker Estate (Re)

The court dismissed the plaintiffs’ WESA leave application and their request to pass over or remove the executrix, finding only speculation of misappropriation and no basis for removal.

  • Leave to commence proceedings on behalf of an estate (wesa s.151)
  • Removal/pass-over of personal representative
  • Fiduciary duty and breach of trust
  • Accounting and tracing
  • Undue influence
  • Abuse of process
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Trusts 2022 BCSC 2156

Zhang v. Zhang

The court enforced two family trust arrangements, found breaches of trust and unjust enrichment, rejected misrepresentation and illegality defenses, and awarded damages, punitive damages, and special costs.

  • Express trust
  • Resulting trust
  • Constructive trust
  • Breach of trust remedies
  • Accounting and tracing
  • Mareva/freezing order
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Wills and estates 2022 BCSC 1396

Chung v. Chung

Two sisters were granted leave under WESA s. 151 to continue an estate action challenging transfers of a condo and bank assets to their brother.

  • Leave under wesa s.151
  • Resulting trust
  • Designated beneficiary accounts
  • Accounting and tracing
  • Interpretation of s.151(1.1)
  • Wesa-s151-leave
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Wills and estates 2022 BCCA 176

Hoggan v. Silvey

Courts of Appeal dealt with executor removal and leave under WESA s. 151. Leave to sue was granted in part, while removal of the executor was refused.

  • Removal of executor
  • Leave to commence proceedings under wesa s.151
  • Accounting and tracing
  • Undue influence
  • Derivative action analogy
  • Wills-and-estates
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Estate law 2021 BCSC 1205

Jones v. Davidson

The court dismissed a post-trial application for double costs, finding the settlement offer was not unreasonable to reject and that double costs would be too punitive.

  • Common law spouse
  • Administration of estate
  • Letters of administration
  • Offer to settle
  • Double costs
  • Costs awards
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Wills and estates 2020 BCSC 1371

Jones v. Davidson

The court held Tracey Davidson was not Larry Jones’s common law spouse, revoked her letters of administration, and granted the estate administration to Eric Jones.

  • Common law spouse
  • Cohabitation
  • Letters of administration
  • Intestacy distribution
  • Occupational rent
  • Misrepresentation (fraud)
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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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Civil procedure 2016 BCSC 894

Sauve v. Maxxam Insurance Services Incorporated

The court applied SCCR 7-1’s two-tier disclosure rules, ordering limited additional production but refusing most broad financial and banking requests as disproportionate.

  • Document disclosure
  • Discovery
  • Sccr 7-1 two-tier discovery
  • Fiduciary duty
  • Constructive trust
  • Accounting and tracing
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Equity 2015 BCSC 1170

Cowper-Smith v. Morgan

The court set aside a 2001 transfer and declaration of trust for undue influence, held the assets belonged to the estate, and enforced Max’s purchase right.

  • Undue influence
  • Resulting trust
  • Declaration of trust
  • Joint tenancy and right of survivorship
  • Proprietary estoppel
  • Accounting and tracing
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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.