Bergler v. Odenthal, 2020 BCCA 175

JurisdictionBritish Columbia
JudgeThe Honourable Madam Justice Newbury,The Honourable Mr. Justice Tysoe,The Honourable Mr. Justice Harris
Citation2020 BCCA 175
Date23 June 2020
CourtCourt of Appeal (British Columbia)
Docket NumberCA46548
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6 practice notes
  • Sources of Rights
    • Canada
    • Irwin Books The Law of Property
    • August 5, 2021
    ...64 Sask R 190 at para 9 (QB); Rufenack v Hope Mission , [2003] 3 WWR 161, 10 Alta LR (4th) 172 at para 125 (QB); Bergler v Odenthal , 2020 BCCA 175 at para 1. 154 Rouchefoucauld , above note 73. Sources of Right s 211 had not been for such promise the testator would not have made or would h......
  • Table of Cases
    • Canada
    • Irwin Books The Law of Property
    • August 5, 2021
    ...189 Behnke v Bede Shipping Co Ltd, [1927] 1 KB 649 ............................................. 218 Bergler v Odenthal, 2020 BCCA 175 .................................................................. 210 Berkheiser v Berkheiser, [1957] SCR 387, 7 DLR (2d) 721 .........................135,......
  • 2023 BCSC 989,
    • Canada
    • January 1, 2023
    ...by that person of the request that he or she will hold the property in trust for the stated person or purposes: Bergler v. Odenthal, 2020 BCCA 175. The Court cited Waters with approval to the effect that the communication is the most essential factor: “Once it is established, accepta......
  • Just Say "No": Acceptance Of A Secret Trust In Bergler v Odenthal
    • Canada
    • Mondaq Canada
    • July 2, 2020
    ...June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the deceased's estate in trust for the deceased's niece. The secret trust also sev......
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2 cases
  • 2023 BCSC 989,
    • Canada
    • January 1, 2023
    ...by that person of the request that he or she will hold the property in trust for the stated person or purposes: Bergler v. Odenthal, 2020 BCCA 175. The Court cited Waters with approval to the effect that the communication is the most essential factor: “Once it is established, accepta......
  • Armstrong v Kotanko,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 9, 2023
    ...by that person of the request that he or she will hold the property in trust for the stated person or purposes: Bergler v. Odenthal, 2020 BCCA 175. The Court cited Waters with approval to the effect that the communication is the most essential factor: “Once it is established, accepta......
2 firm's commentaries
  • Just Say No: Acceptance of a Secret Trust in Bergler v Odenthal
    • Canada
    • JD Supra Canada
    • July 1, 2020
    ...Beatty - Summer Student] In the June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the deceased's estate in trust for the deceased's ......
  • Just Say "No": Acceptance Of A Secret Trust In Bergler v Odenthal
    • Canada
    • Mondaq Canada
    • July 2, 2020
    ...June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the deceased's estate in trust for the deceased's niece. The secret trust also sev......
2 books & journal articles
  • Sources of Rights
    • Canada
    • Irwin Books The Law of Property
    • August 5, 2021
    ...64 Sask R 190 at para 9 (QB); Rufenack v Hope Mission , [2003] 3 WWR 161, 10 Alta LR (4th) 172 at para 125 (QB); Bergler v Odenthal , 2020 BCCA 175 at para 1. 154 Rouchefoucauld , above note 73. Sources of Right s 211 had not been for such promise the testator would not have made or would h......
  • Table of Cases
    • Canada
    • Irwin Books The Law of Property
    • August 5, 2021
    ...189 Behnke v Bede Shipping Co Ltd, [1927] 1 KB 649 ............................................. 218 Bergler v Odenthal, 2020 BCCA 175 .................................................................. 210 Berkheiser v Berkheiser, [1957] SCR 387, 7 DLR (2d) 721 .........................135,......

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