All Posts By

Stan Rule

Rosas v Toca

By | Sabey Rule Blog | No Comments

In Rosas v. Toca, 2018 BCCA 191, the British Columbia Court of Appeal held that a borrower’s promises to repay a loan modified the original loan agreement, and thereby extended the time during which the lender could file a lawsuit to collect the loan. The reasons in this decision have far-reaching implications for the law of contract in British Columbia. The Court of Appeal has held that it is no longer necessary for a party to provide fresh consideration to modify a contract. Continue reading “Rosas v Toca” »

Converting a Petition or Application to Prove a Will into an Action

By | Sabey Rule Blog | No Comments

The Supreme Court Civil Rules provide that a proceeding to prove the validity of a will must be started by either a notice of application, if there is an existing proceeding in which it is appropriate to do so, or by a petition. This is set out in Rule 25-14(4). This is a significant change to the practice. Prior to the changes to the Rules with the coming into force of the Wills, Estates and Succession Act, contested proceedings to prove a will were brought by a notice of civil claim. A proceeding begun by Notice of Civil Claim is referred to as an “Action.” The difference is that an Action has pretrial procedures such as disclosure of documents, and oral examinations for discovery, and ultimately a trial with witnesses testifying in court. In contrast, a notice of application or petition does not have the pretrial disclosure process and the evidence is by way of affidavits. Continue reading “Converting a Petition or Application to Prove a Will into an Action” »

Estate Litigation Basics Course, April 13, 2018

By | Sabey Rule Blog | No Comments

I have the honour of speaking at the Continuing Legal Education Course on Estate Litigation Basics, at the Pan Pacific in Vancouver on April 13, 2018. I am speaking about evidence in estate litigation. My paper is co-authored (or will be when it’s done) by Taeya Fitzpatrick of my firm.

The course is chaired by Lauren Blake of Legacy Tax and Trust Lawyers, Vancouver. The other faculty are:
Continue reading “Estate Litigation Basics Course, April 13, 2018” »

MacKinnon v. Donauer

By | Sabey Rule Blog | No Comments

There is no shortage of court cases in British Columbia of informal family arrangements going awry. A parent may assist a child and the child’s spouse in purchasing a home with the expectation of sharing the home. The idea may make good sense. Unfortunately, neither side may consider what will happen if the arrangement doesn’t work out. In the case I am about to write about, MacKinnonv. Donauer, 2017 BCCA 437, for example, Madam Justice Newbury, noted at paragraph 3, Continue reading “MacKinnon v. Donauer” »

B.C. Court of Appeal Confirms that Notaries are Not Permitted to Draw Wills with Life Estates

By | Sabey Rule Blog | No Comments

The British Columbia Court of Appeal confirmed that notaries public are not permitted to draw wills that create life estates or trusts in a decision released December 21, 2017. In British Columbia, generally only lawyers may practice law, which includes drawing wills for a fee. However, members of the Society of Notaries Public of British Columbia are also permitted to draw wills for a fee, but there are restrictions on the types of wills they may draw.  Specifically, as set out in section 18 of the Notaries Act, notaries may, Continue reading “B.C. Court of Appeal Confirms that Notaries are Not Permitted to Draw Wills with Life Estates” »

Supreme Court of Canada Decision on Proprietary Estoppel in Cowper-Smith v. Morgan

By | Sabey Rule Blog | No Comments

The Supreme Court of Canada rendered it judgment in Cowper-Smith v. Morgan, 2017 SCC 61, this last Thursday, December 14, 2017. The main legal issue is whether a person who relies on a promise that he will receive property to his detriment may become entitled to the property even if the person who made the promise did not own the property at the time she made the promise. Let me explain. Continue reading “Supreme Court of Canada Decision on Proprietary Estoppel in Cowper-Smith v. Morgan” »