McDonald v. McDonald, 2017 BCCA 255
| Jurisdiction | British Columbia |
| Judge | Fenlon,Harris,Groberman |
| Subject Matter | FAMILY LAW,RESTITUTION,CONTRACTS,DAMAGES,TRUSTS |
| Citation | 2017 BCCA 255 |
| Date | 12 July 2017 |
| Court | Court of Appeal (British Columbia) |
| Docket Number | CA42906,CA42907,CA42905,CA42916 |
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7 practice notes
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Peterson v. Welwood, 2018 BCSC 1379
...absent indicia of the exploitation, attract to the right of compensation under the doctrine of unjust enrichment: McDonald v. McDonald, 2017 BCCA 255 at paras. 78-79, leave to appeal dismissed [2017] S.C.C.A. No. [203] In McDonald, the plaintiffs performed unpaid work on the farm during chi......
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Tom v Tang,
...in general, not compensable: see also Antrobus v. Antrobus, 2009 BCSC 1341 at para. 185, aff'd 2010 BCCA 356; McDonald v. McDonald, 2017 BCCA 255 at paras. 74–78. The parties were in fact adults during the bulk of the family's income generating years. Linda turned 19 in 197......
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Metske v. Metske,
...at §1.01[2][b]. [38] The language here is inspired from McDonald v. McDonald, 2017 BCCA 255, at para. 72, leave ref’d 2018 CanLII 33053 (SCC), although the issue there was [39] McIn......
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Agricultural Law Netletter Aug 14th 2017
...CALN/2017- 053, [2017] B.C.J. No. 1352, British Columbia Court of Appeal) NEW CASE LAW CALN/2017-053, Full text: [2017] B.C.J. No. 1352; 2017 BCCA 255, British Columbia Court of Unjust enrichment -- Value of Work Done by Farm Children. Sylvia McDonald ("Sylvia") and Sylvia McDonald as Execu......
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3 cases
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Peterson v. Welwood, 2018 BCSC 1379
...absent indicia of the exploitation, attract to the right of compensation under the doctrine of unjust enrichment: McDonald v. McDonald, 2017 BCCA 255 at paras. 78-79, leave to appeal dismissed [2017] S.C.C.A. No. [203] In McDonald, the plaintiffs performed unpaid work on the farm during chi......
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Tom v Tang,
...in general, not compensable: see also Antrobus v. Antrobus, 2009 BCSC 1341 at para. 185, aff'd 2010 BCCA 356; McDonald v. McDonald, 2017 BCCA 255 at paras. 74–78. The parties were in fact adults during the bulk of the family's income generating years. Linda turned 19 in 197......
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Metske v. Metske,
...at §1.01[2][b]. [38] The language here is inspired from McDonald v. McDonald, 2017 BCCA 255, at para. 72, leave ref’d 2018 CanLII 33053 (SCC), although the issue there was [39] McIn......
4 firm's commentaries
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Agricultural Law Netletter Aug 14th 2017
...CALN/2017- 053, [2017] B.C.J. No. 1352, British Columbia Court of Appeal) NEW CASE LAW CALN/2017-053, Full text: [2017] B.C.J. No. 1352; 2017 BCCA 255, British Columbia Court of Unjust enrichment -- Value of Work Done by Farm Children. Sylvia McDonald ("Sylvia") and Sylvia McDonald as Execu......
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Old McDonald had a Farm and Kids: A Tale of Succession and Unjust Enrichment
...courts continue to uphold and safeguard these views, regardless of a gruelling 5:00 a.m. wake up call to tend to the animals and crop. 1 2017 BCCA 255. 2 2017 BCCA 255 at para The content of this article is intended to provide a general guide to the subject matter. Specialist advice should ......
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Farm Succession Planning: Can Unpaid Farm Work Give Children An Interest In The Family Farm?
...or a provincial statute varies general common law rules. A recent British Columbia Court of Appeal decision, McDonald v. McDonald, 2017 BCCA 255 considered this The case concerned four farm children, and their hard working parents. Their parents had spent close to 60 years from the 1940s un......
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The McDonalds Really Had A Farm
And On It Was No Exploitation
...September 28, 2017, the Supreme Court of Canada denied leave to appeal in McDonald v McDonald, 2017 BCCA 255, in which the B.C. Court of Appeal held that the unpaid labour of children in a family setting does not constitute unjust enrichment of the parents absent In 1974, Samuel and Sylvia ......