Family, Estates & Trusts 

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Category: Judgments

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BC Estate Litigation Arises from Suspicious Marriage and Missing Gold Coins

BC estate litigation arising from predatory marriage is not uncommon and may become more common as the BC population ages. Elderly people are often targeted by predators looking to get control over finances or property or to gain access to the estate. A marriage entered into for the sole purpose of exploiting or taking advantage […]
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W v. British Columbia (Superintendent of Motor Vehicles), September 11, 2015, BCSC

Lawyer: Lolita Rudovica Lolita argued the Judicial Review of a decision of the Superintendent of Motor Vehicles in BC Supreme Court. The Judge found that the decision of the Adjudicator to uphold the driving prohibition was unreasonable and incorrect as the Adjudicator applied the wrong test when considering whether a sleeping individual was in care […]
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R. v. S, 2015 BCCA 430

Lawyer: Lolita Rudovica The appellant appeals his dangerous driving conviction. The central issue at trial was whether the Crown proved beyond a reasonable doubt the appellant was driving the vehicle at the relevant time. On appeal, the appellant argued that the verdict is unreasonable due to a number of illogical or irrational factual inferences drawn […]
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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 […]
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BC Spousal Support & Family Law Issues: Is Summary Trial Suitable?

In BC, spousal support and other family law issues can be settled by agreement between the separating spouses. However, if the separating spouses are unable to agree on how to settle family law issues such as spousal support, BC courts can make orders for them following a trial. The reality, however, is that full trials […]
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Co-Executor Capacity of the last Will and Testament of Douglas David Rennie

Lawyer: Candace Cho The principle of mediation was found for the first time by the courts to take precedence over the setting down of a summary trial. In this case, the court denied the application to postpone a mediation until after a summary trial in order to allow the parties an opportunity to resolve the […]
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R.P. Johnson Trust

Lawyer: Candace Cho Capitalization drafting error in a trust indenture could have caused a payout to an entirely new class of beneficiaries not contemplated by the settlor. Luckily, the error was found by the Court to be a drafting error so that the settlor’s intention could be respected.
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Sevy v. Sevy

Lawyer: Candace Cho Trustee can be removed for the sole reason of a high level of conflict and discord between the Trustee and the beneficiaries of the trust. Actions taken by a trustee that go against the intention of the original settlor of the trust constitute a breach of trust and are grounds for that […]
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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.
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