Successful Result in Halliday v. Halliday Estate, 2019 BCSC 554
In the recent BC Supreme Court case of Halliday v Halliday Estate, 2019 BCSC 554, Clark Wilson LLP was successful in challenging the validity of ... Continued
Robledano v Queano, 2019 BCCA 150 – Further Analysis of Spousal Status Issues
The British Columbia Court of Appeal recently released its judgment in Robledano v Queano, 2019 BCCA 150 (“Robledano”). The case involved an intestate estate, with ... Continued
No need for “encyclopedic knowledge” when a will-maker recounts their assets
The recent Ontario Court of Appeal decision in Quaggiotto v Quaggiotto, 2019 ONCA 107 (“Quaggiotto”) helps to clarify the level of knowledge courts expect a ... Continued
Amy Mortimore Quoted in CLEBC Magazine
Our Estates & Trusts Co-Chair, Amy Mortimore was quoted in CLEBC’s “the Spotlight” Spring 2019 issue. Amy details how valuable CLEBC’s wills, estates and trusts ... Continued
What Obligations are Owed by a Testator to a Deceased Person’s Estate?
In the Court’s determination of a wills variation claim and what is “adequate, just and equitable”, the Court will consider legal and moral obligations owed ... Continued
An honour for Emily Clough
We are pleased to announce that our Emily Clough has received the tremendous honour of being nominated as one of eleven businesswomen for the YWCA ... Continued
Resulting and Constructive Trusts: A Question of Intention
Two recent decisions from the Supreme Court of British Columbia illustrate the importance, and difficulty, of determining the intentions someone who transfers property when ownership ... Continued
Amy Mortimore presenting at upcoming CBA Webinar
This unique webinar will feature pre-recorded cross-examination vignettes which will be critiqued by a panel of experienced litigators, including our Estates & Trusts Co-Chair Amy ... Continued
Amy Mortimore speaks at the STEP 2018 Year in Review Seminar
Estates & Trusts Co-Chair Amy Mortimore recently presented at the STEP 2018 Year in Review Seminar. The seminar was focused on the relevant key developments ... Continued
The Tests for Undue Influence for Testamentary Gifts and Inter Vivos Transfers
Background In Seguin v. Pearson, 2018 ONCA 355, the appellant appealed an Ontario Superior Court of Justice decision in which the trial judge dismissed her ... Continued
Does “Death Do Us Part”? Separating the Living from the Dead in Family Law and Estate Litigation
A recent decision from the Court of Appeal for British Columbia outlines the rights and obligations between spouses in life and after death, and how ... Continued
Case Comment – Gully v Gully: Giving a Gift of Joint Tenancy Can Come Back to Bite the Donor
The case of Gully v Gully, 2018 BCSC 1590 provides useful insight on a peril of putting property into joint tenancy. The decision illustrates the ... Continued