Cowper-Smith v. Morgan et al., [2015] B.C.T.C. Uned. 1170
| Jurisdiction | British Columbia |
| Judge | B.J. Brown, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Subject Matter | GIFTS,TRUSTS,WILLS,FRAUD AND MISREPRESENTATION,FAMILY LAW |
| Citation | [2015] B.C.T.C. Uned. 1170,[2015] B.C.T.C. Uned. 1170 (SC),2015 BCSC 1170 |
| Date | 06 July 2015 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
6 practice notes
-
Cowper‑Smith v. Morgan, 2017 SCC 61
...225, 87 B.C.L.R. (5th) 273, [2016] B.C.J. No. 927 (QL), 2016 CarswellBC 1238 (WL Can.), setting aside in part a decision of Brown J., 2015 BCSC 1170, 10 E.T.R. (4th) 218, [2015] B.C.J. No. 1428 (QL), 2015 CarswellBC 1871 (WL Can.). Appeal G. Darren Williams, Ellen Vandergrift and Moira Dill......
-
Cowper-Smith v. Morgan, (2016) 386 B.C.A.C. 287 (CA)
...value on the basis of the doctrine of proprietary estoppel? The British Columbia Supreme Court, in a decision with neutral citation 2015 BCSC 1170, found that the circumstances in which the transactions occurred gave rise to a presumption of undue influence that was not rebutted by Gloria. ......
-
Michel v Saskatchewan,
...the presumptions of undue influence and resulting trust, and she declared that the property belonged to the mother’s estate (2015 BCSC 1170, 10 ETR (4th) 218). She also held that the elements of proprietary estoppel had been made out. The British Columbia Court of Appeal unanimously ......
-
Morgan v. Cowper-Smith, 2021 BCSC 2460
...Will. That action, (Victoria registry no. 113559) proceeded to trial before Brown J. with reasons for judgment issued on July 6, 2015: 2015 BCSC 1170 (the “Reasons”). Although the pleadings in that action are also not before me, I glean from the Reasons that Max and Nathan cha......
Request a trial to view additional results
4 cases
-
Cowper‑Smith v. Morgan, 2017 SCC 61
...225, 87 B.C.L.R. (5th) 273, [2016] B.C.J. No. 927 (QL), 2016 CarswellBC 1238 (WL Can.), setting aside in part a decision of Brown J., 2015 BCSC 1170, 10 E.T.R. (4th) 218, [2015] B.C.J. No. 1428 (QL), 2015 CarswellBC 1871 (WL Can.). Appeal G. Darren Williams, Ellen Vandergrift and Moira Dill......
-
Cowper-Smith v. Morgan, (2016) 386 B.C.A.C. 287 (CA)
...value on the basis of the doctrine of proprietary estoppel? The British Columbia Supreme Court, in a decision with neutral citation 2015 BCSC 1170, found that the circumstances in which the transactions occurred gave rise to a presumption of undue influence that was not rebutted by Gloria. ......
-
Michel v Saskatchewan,
...the presumptions of undue influence and resulting trust, and she declared that the property belonged to the mother’s estate (2015 BCSC 1170, 10 ETR (4th) 218). She also held that the elements of proprietary estoppel had been made out. The British Columbia Court of Appeal unanimously ......
-
Morgan v. Cowper-Smith, 2021 BCSC 2460
...Will. That action, (Victoria registry no. 113559) proceeded to trial before Brown J. with reasons for judgment issued on July 6, 2015: 2015 BCSC 1170 (the “Reasons”). Although the pleadings in that action are also not before me, I glean from the Reasons that Max and Nathan cha......
2 firm's commentaries
-
Undue Influence And Independent Legal Advice: A Recent Case Study
...that the transaction was entered into as a result of full free and informed thought. In the recent case of Cowper-Smith v. Morgan, 2015 BCSC 1170 the plaintiff successfully set aside a joint tenancy on the basis of undue influence. Interestingly, the individual who was unduly influenced had......
-
Independent Legal Advice May Fail To Rebut The Presumption Of Undue Influence
...a previous blog post, Emily Clough discussed the British Columbia Supreme Court decision in Cowper-Smith v. Morgan, 2015 BCSC 1170, in which the sons of the deceased successfully set aside a joint tenancy between the deceased and her daughter on the basis of undue influence despite the fact......