Category: Judgments
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Can An Estate Sue For Wrongful Death
Losing a loved one due to someone else’s negligence or intentional actions is devastating, and it often raises questions about legal rights and accountability. An estate can sue for wrongful death, with the deceased person’s executor or personal representative having the legal authority to file a claim. This allows the estate to seek compensation for […]
Can A Trustee Go To Jail For Stealing From Trust
Yes, a trustee can go to jail for stealing from a trust, as such actions are considered theft or embezzlement under the law. Legal consequences include criminal charges, fines, restitution, and possible imprisonment, in addition to civil liability requiring repayment of the stolen assets. Courts may also remove the trustee and impose additional penalties to […]
What Are Court Appeals
Going to court can be stressful because of the complex documents, arguments, and uncertainty of the outcome. Even if a judgment feels unfair, the legal process doesn’t necessarily end there, as an appeal can be pursued. A court appeal is a formal request for a higher court to review a lower court’s decision to determine […]
Who Has More Power: Executor Or Trustee?
When it comes to the question, who has more power: executor or trustee?, the answer depends on the context, but generally, an executor holds broader authority over the overall estate, while a trustee manages specific trust assets. The Executor is responsible for managing the deceased’s estate, which includes paying debts and distributing assets as per […]
R. v. J.L.M., 2017 BCCA 258
Lawyer: Lolita Rudovica In the decision, the panel struck down as unconstitutional a minimum sentence under the Criminal Code and engaged in a sophisticated analysis of the intergenerational effects on aboriginal accused as a result of colonialism and residential schools. The Court of Appeal held: The trial judge erred in law in assessing J.L.M.’s Aboriginal […]
BC Spousal Support & Family Law Issues: Is Summary Trial Suitable?
In BC, separating spouses can settle spousal support and other issues by agreement. If they cannot agree, the court decides, usually after a trial. Because full trials are costly and slow, the Supreme Court Family Rules allow summary trials in suitable cases as a faster, less expensive route. In BC, spousal support and other family […]
Hancock v. Hancock
Lawyer: Candace Cho Significant gifts given to children who had good relationships with the testator before a testator’s death were not found to be a valid reason for disinheritance in a wills variation action. Substantial variation awarded to these children who maintained loving relationships with the Deceased. Related Practice Areas & Resources Estates & Trusts […]