Canada Case Law

Structured Annuity Solutions LLC v. Zane

Court

Supreme Court of British Columbia

Leave to discontinue was granted because the countervailing interests against discontinuance were insufficient: denying discontinuance would force an unworkable adjourned trial given unresolved internal disputes over control of SAS; the JVA and related documents were produced late and their authenticity was doubtful; corporate records show Michael remains sole managing member of SAS; there is a history of abusive process and unpaid cost orders by opposing parties; and the prejudice to the defendant and TCC from continuing litigation outweighed prejudice to OM and Greg. Consequently the court…

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• Discontinuance
• Certificate of pending litigation
• Joint venture agreement
• Power of attorney
• Security for costs
• Abuse of process

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Kroeger v. Bush Estate

Court

British Columbia Court of Appeal

The chambers judge erred by failing to treat the instrumental involvement of an interested power of attorney who drafted changes that greatly benefited her and her siblings as suspicious circumstances that rebutted the presumption of validity; once rebutted the propounder failed to prove on the balance of probabilities that the testator knew and approved of the 2018 will because there was no evidence the testator appreciated the approximate value of the estate or the magnitude of the residuary gift, therefore the 2018 will was not proved in solemn form and the estate is to be distributed unde…

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• Testamentary capacity
• Suspicious circumstances
• Burden of proof
• Knowledge and approval
• Power of attorney
• Undue influence

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Reimer v. Reimer

Court

Supreme Court of British Columbia

The court rejected claims of fiduciary breach and knowing receipt, found transfers from Peter Reimer to Jacqueline Reimer were subject to a resulting trust, and awarded Jacqueline a $197,600 set-off.

• Resulting trust
• Ad hoc fiduciary duty
• Power of attorney
• Knowing receipt
• Unjust enrichment
• Quantum meruit

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Adeli-Najafi v. Adeli-Najafi

Court

Supreme Court of British Columbia

The court set aside a dismissal for want of prosecution, finding the estate was not at fault for missing the chambers hearing and that justice favoured a merits hearing.

• Want of prosecution
• Rule 22-1(3) reconsideration
• Rule 22-7(7) dismissal for want of prosecution
• Substituted service
• Withdrawal of counsel (rule 22-6)
• Litigation guardian

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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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Wu v. Zhou

Court

Supreme Court of British Columbia

The court granted a modified freezing order in a dispute over alleged unauthorized transfers of about $11.96 million under powers of attorney and a joint account.

• Freezing order
• Mareva injunction
• Power of attorney
• Breach of fiduciary duty
• Conversion
• Unjust enrichment

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Wilson v. Koch

Court

Supreme Court of British Columbia

On a costs application after discontinuance, the court refused special costs but awarded increased costs on Scale B with a 1.5 multiplier.

• Discontinuance
• Special costs
• Increased costs (uplift)
• Specific performance
• Power of attorney
• Capacity

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Weitzel (Re)

Court

Supreme Court of British Columbia

The court dismissed a petition to set aside a 2019 power of attorney, found no undue influence or incapacity, and held it lacked jurisdiction to appoint a new health representative.

• Undue influence
• Power of attorney
• Representation agreement
• Capacity
• Revocation
• Costs

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Estate of MA v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The Tribunal found the Estate did not prove continuous incapacity under the CPP because the medical and non-medical evidence showed limitations largely attributable to a language barrier and physical deconditioning rather than incapacity to form or express the intention to apply; the applicant therefore received the maximum statutory retroactivity (April 2022) and no earlier start date is payable.

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• Canada pension plan
• Survivor's pension
• Incapacity
• Retroactive benefits
• Power of attorney
• Start date of benefits

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Pelletier v. Pelletier

Court

Supreme Court of British Columbia

The court set aside a separation agreement, found fiduciary breaches in handling farm-sale proceeds during Claude Pelletier’s incapacity, and awarded damages.

• Separation agreement
• Power of attorney
• Revocation of poa
• Knowing receipt
• Breach of fiduciary duty
• Unjust enrichment

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