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04/13/2017By Judith A. Janzen
Retroactive Reduction of Back Child Support
The factors a court must consider before making an order for back child support were identified by the Supreme Court of Canada in D.B.S. v. S.R.G., 2006 SCC 37…
04/12/2017By Judith A. Janzen
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…
03/28/2017By Candace Cho
“Good Conscience” Constructive Trust in Non-Agency Scenario
The most common basis for a constructive trust is unjust enrichment, but on some occasions, even where there is no unjust enrichment in the traditional sense…
03/28/2017By Candace Cho
Resulting Trusts: Critical Time for Determining Intent
Resulting trusts are as firmly grounded in the settlor’s intent as express trusts, but with this difference: the intent is inferred or presumed as a matter of…
03/16/2017By Candace Cho
Promised Inheritance May Be Enforced By Resulting Trust
Parents often promise their children that they will inherit certain property or assets when they die; when the promised inheritance is not reflected in the wil…
03/14/2017By Candace Cho
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…
03/14/2017By Candace Cho
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…
03/09/2017By Candace Cho
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…
03/09/2017By Candace Cho
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…
01/11/2017By Candace Cho
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…