Last blog added on Friday, April 16th, 2021

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Below is a preview of the five most recent posts from the blog Campbells LLP Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Proving Unjust Enrichment in Estate Cases

    A recent British Columbia decision serves as a reminder that, in making an unjust enrichment claim against an estate, there must be proof of an actual benefit to the estate. Daughter Claims Unjust Enrichment  A married couple purchased ten parcels of land in British Columbia in 1977. They operated a … Read more »

  • Deceased’s Suicide Note Not a Valid Holograph Will, Ontario Court Rules

    In a recent Ontario decision, the court determined that the deceased’s suicide note could not be admitted as a holograph will, in large part due to his intoxicated state on the day in question. Deceased Leaves Suicide Note The deceased died by suicide on July 13, 2019, at the age of 49. In 2016, the … Read more »

  • The ‘Armchair Rule’ in Will Interpretation and Estate Disputes

    In a recent estate litigation case, the Ontario Court of Appeal reviewed the concept of the “armchair rule” in the interpretation of wills. Grandchild Disputes Estate Distribution The testator passed away in 1971. Under her will, her two daughters were given life interest of her cottage property. Ho … Read more »

  • Court Applies Cy-près Doctrine to Fulfill Testator’s Gift to Dissolved Charity

    In a recent decision, a British Columbia court used a legal doctrine called “cy-près” to fulfill a testator’s gift to a charity, despite the fact that the named charity had dissolved prior to her death. Testator Leaves Money to Charities The testator passed away in Vancouver, British Columbia on May … Read more »

  • Higher Interest Rates Prohibited on Mortgages in Default

    Section 8 of the Federal Interest Act prevents lenders from charging a higher rate of interest after default on a mortgage of real property than the rate charged prior to default. Section 8 of the Interest Act reads as follows: 8(1) No fine, penalty or rate of interest shall be stipulated for, taken … Read more »