Testamentary Capacity
If the will-maker’s Will had overcome the proof of formal validity of the will, there is a presumption of the will-maker’s testamentary capacity, knowledge and approval of the Will, unless, suspicious circumstances are present with respect to the testamentary capacity, knowledge and approval of the will-maker. The Supreme Court of British Columbia recently invalidated the […]
Lenders must be listed as a Loss Payable to obtain insurance coverage.
The Court of Appeal of Alberta recently decided that Mortgagees or mortgage lenders have to be prudent in ensuring that they have written confirmation under their borrower’s insurance policy, that they are listed as a loss payable, instead of merely relying on the standard mortgage clause to think there is protection for them under the […]
Prompt Payment and Construction Lien Act
The Prompt Payment and Construction Lien Act The Prompt Payment and Construction Lien Act (PPCLA) is coming into force on August 29, 2022, through the passing of Bill 37, which amends the Builder’s Lien Act. The Builder’s Lien Act is amended to better ensure that payment of contractors and subcontractors is given in a […]
Court denies bank recovery on mortgage fraud
In an unusual trial decision a decade in the making, the court has denied a bank – and ultimately, its default insurer – recovery against a fraudulent straw buyer, on the basis that the bank had participated in the fraud. TD Bank v. Whitford (2020 ABQB 802) was the decision after a trial wherein the […]