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The Scale of Blameworthiness: When Does Child Support Start?
Once a court determines that a retroactive child support award should be ordered, it must then decide on the date of retroactivity; in other words, when does c…
Constructive Trust Imposed in Absence of Unjust Enrichment
Canadian courts have developed the remedial constructive trust to prevent unjust enrichment. Pursuant to seminal cases such as Pettkus v. Becker, [1980] 2 S.C…
Fiduciary Duty: Agent’s Fraud Cured by Constructive Trust
Let’s discuss “constructive trusts” as a remedy for fraud or disloyal conduct by an agent (agents owe a “fiduciary duty” to their client, which means they must…
Wills Variation: Testamentary Freedom vs. Legal/Moral Duties
The conceptual core of wills variation legislation is to permit judicial interference with testamentary freedom where adequate provision has not been made in r…
Long-Term Second Spouse’s Successful Wills Variation Claim
The British Columbia court was recently asked to decide a wills variation claim brought by a long-term second spouse who was essentially left out of her husban…
Wills Variation: Changing Will After Death of Spouse
There are many factors that the court considers when a surviving spouse brings a wills variation application to change the will after the death of a spouse. In…
Wills Variation: Moral Obligation to Children of First Marriage
As I have previously discussed, on a wills variation application, the moral obligation to independent adult children is usually more tenuous than the moral obl…