Morgan v. Pengelly Estate, [2011] B.C.T.C. Uned. 1114
| Judge | Harvey, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | August 17, 2011 |
| Jurisdiction | British Columbia |
| Citations | [2011] B.C.T.C. Uned. 1114;2011 BCSC 1114;[2011] B.C.T.C. Uned. 1114 (SC) |
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5 practice notes
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Mars v. Bain Estate et al., [2011] B.C.T.C. Uned. 1714
...Bain's support obligations is the same whether based on the compensatory or non-compensatory approach. ( Morgan v. Pengelly Estate 2011 BCSC 1114 at para 205). [67] The second question is whether Mr. Bain's Will has satisfied his moral obligations to family members that could reas......
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McHale v. McHale Estate et al., [2015] B.C.T.C. Uned. 993
...to the plaintiff, leaving only a moral obligation, Lobe v. Lobe Estate (1996), 13 E.T.R.(2d) 126 (B.C.S.C.), Morgan v. Pengelly Estate, 2011 BCSC 1114. [56] Only where the testator has chosen an option which falls below his or her obligations as defined by reference to legal and moral norms......
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Binding The Will-Maker's Conscience: Is It Time To Use The Good Conscience Substantive Trusts In Wills Variation Cases?
...2009, c 13. 3.RSBC 1996, c 490. 4.RSBC 1996, c 122. 5.RSBC 1996, c 376. 6.RSBC 1996, c 489. 7.Supra note 3. 8.Morgan v Pengelly Estate, 2011 BCSC 1114; Kent v McKay, 1982 CanLII 788 9.RSBC 1996, c 163 [FCA]. Originally published by The Advocate. The content of this article is intended to pr......
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Volovsek v. Donaldson, 2020 BCSC 25
...Turning to the remedy, the only authority provided by the parties which resembled this case was Morgan v. Pengelly Estate, 2011 BCSC 1114. The claimant continued to occupy property owned by an estate after he had been asked to vacate. The estate claimed damages in trespass or occupatio......
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4 cases
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Mars v. Bain Estate et al., [2011] B.C.T.C. Uned. 1714
...Bain's support obligations is the same whether based on the compensatory or non-compensatory approach. ( Morgan v. Pengelly Estate 2011 BCSC 1114 at para 205). [67] The second question is whether Mr. Bain's Will has satisfied his moral obligations to family members that could reas......
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McHale v. McHale Estate et al., [2015] B.C.T.C. Uned. 993
...to the plaintiff, leaving only a moral obligation, Lobe v. Lobe Estate (1996), 13 E.T.R.(2d) 126 (B.C.S.C.), Morgan v. Pengelly Estate, 2011 BCSC 1114. [56] Only where the testator has chosen an option which falls below his or her obligations as defined by reference to legal and moral norms......
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Volovsek v. Donaldson, 2020 BCSC 25
...Turning to the remedy, the only authority provided by the parties which resembled this case was Morgan v. Pengelly Estate, 2011 BCSC 1114. The claimant continued to occupy property owned by an estate after he had been asked to vacate. The estate claimed damages in trespass or occupatio......
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Griese v. Jacques Estate, 2013 BCSC 1601
...The defendant provided the Court with the following authorities: O'Hara v. Chipilski Estate , 2012 BCSC 1135; Morgan v. Pengelly Estate , 2011 BCSC 1114; Somodi v. Szabados , 2007 BCSC 857; Clucas v. Royal Trust et al. , 1999 CanLII 5519 (B.C.S.C.); and Frolek v. Frolek , [1986] B.C.J. No. ......
1 firm's commentaries
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Binding The Will-Maker's Conscience: Is It Time To Use The Good Conscience Substantive Trusts In Wills Variation Cases?
...2009, c 13. 3.RSBC 1996, c 490. 4.RSBC 1996, c 122. 5.RSBC 1996, c 376. 6.RSBC 1996, c 489. 7.Supra note 3. 8.Morgan v Pengelly Estate, 2011 BCSC 1114; Kent v McKay, 1982 CanLII 788 9.RSBC 1996, c 163 [FCA]. Originally published by The Advocate. The content of this article is intended to pr......