Legal Research Archives : 2017

Husband could not benefit from provisions of Pension Benefits Act to protect his compensation arrangement from garnishment

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Possession of cheque did not allow neighbour to bring action for its value

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Wetsch v. Kuski (2017), 2017 SKCA 77, 2017 CarswellSask 483 (Sask. C.A.)

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Choquette v. Viczko (2017), 2017 CarswellSask 350, 2017 SKQB 191 (Sask. Q.B.)

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Motion judge held that to allow husband to accept clauses that financially benefitted him and require wife to litigate all other clauses would be blatantly unfair

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S. (S.K.) v. B. (T.L.) (2017), 2017 CarswellBC 1245, 2017 BCPC 134 (B.C. Prov. Ct.)

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Presumption of destruction with intention to revoke can be rebutted by evidence showing on balance of probabilities that testatrix did not destroy will or intend to revoke it

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Chafe Estate v. Chafe (2017), 2017 CarswellNfld 285 (N.L. T.D.)

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Father was aware that expenses were being incurred and was prepared to accept certain expenses but made no payment

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Mohammadi v. Safari (2017), 2017 ONSC 4696, 2017 CarswellOnt 12389 (Ont. S.C.J.)

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Testator changed his views in 2008 as he faced his own mortality and it was not unreasonable to accept that life-changing diagnosis may cause person to change plans, particularly considering that common law spouse was 11 years younger than testator

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The new Text and Annotations Library is now available on westlaw Canada. View video.

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