Tag: court

It is fairly rare for judges to directly criticize lawyers in written decisions relating to estate matters, at least in my experience. When I do run across it, it sends a strong signal because there is usually an important lesson in the criticism. The judge’s displeasure with the lawyer who drafted the will at the […] Read More

Perhaps encouraged by the recent decision in Marasse Estate, we have another recent case from the Alberta Court of Queen’s Bench addressing an estate’s ability to claim spousal support and its liability to pay spousal support. Stalzer v Stalzer, 2018 ABQB 191 is reassurance to estate planning and family law practitioners that a person’s obligation to […] Read More

Alberta Courts have been busy on the topic of costs in estate litigation in the past few months. Four recent decisions issued out of three judicial centres in Alberta provide a good reminder of just how unpredictable litigation is and the Court’s wide discretion in compensating parties for their litigation expenses. General principles If there […] Read More

Some people are good for their word.  Others are not.  Depending on the circumstances, a promise you make may not be legally enforceable.  However, in the words of the outgoing Chief Justice of the Supreme Court of Canada in the recent judgment in Cowper-Smith v Morgan, 2017 SCC 61, equity enforces promises that the law […] Read More

Generally speaking, the law will not protect you from making a bad bargain.  However, when a transaction is so grossly unfair to one party and was obtained through an unfair advantage by the other party, the legal doctrine of unconscionability may be used to set it aside.  In my practice, most often the issue comes […] Read More

Parents who intend to transfer their assets into joint names with some or all of their adult children need to carefully consider that decision before implementing the transfers.  A series of recent Court cases in Western Canada highlight the need for careful legal advice when parents are considering such transfers in the context of estate […] Read More

The recent Alberta Court of Queen’s Bench decision in Marasse Estate (Re), 2017 ABQB 706 is yet another reminder that drafting legal documents must be done carefully and with a view to their long-term effect. The main issue in this case was whether the surviving ex-spouse was obligated to continue paying spousal support to his […] Read More