Johannes and Daniela Siebert executed a handwritten joint will in Germany in 1995, naming Daniela’s parents as beneficiaries. Shortly before her death in 2019, Daniela made a new handwritten will that expressly revoked her prior wills and left her estate to her husband. Johannes Siebert later died in 2022, giving rise to a dispute overContinue reading “Court of Appeal Clarifies the Distinction Between Joint and Mutual Wills”

Our client, Business Development Bank of Canada, had obtained judgment against the corporate debtors and an individual guarantor.  Efforts by Kornfeld’s Lana Li to locate property of the guarantor to satisfy that judgment involved identification of White Willow Investments, a company owned by the guarantor which in turn owned property that was assessed at $6.2 million andContinue reading “Business Development Bank of Canada v. Canadian Recon Manufacturing Ltd. et al., 2019-2020 BCSC 186706, Vancouver Registry”

Our client successfully resisted efforts by her deceased spouse’s brother to challenge their common law relationship and to challenge her right to administer her spouse’s estate.  The case required the B.C. Supreme Court to consider time limitations, evidence to prove a common law relationship and whether notice of court applications are required in this case.Continue reading “Sung Estate, 2019 BCSC 1202”

Our client is the developer of a large luxury mixed-use building located in Vancouver.   For the past number of years it has been a defendant in a complex multi-party construction dispute, part of which has been proceeding as a class action.  The client had a wrap-up liability insurance policy in place for the development thatContinue reading “KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd., 2022 BCSC 1652”

The Residents Association Mount Pleasant v. Vancouver (City), Rize Alliance (Kingsway) Properties Ltd., and Rize-Ayalaland (Kingsway) Limited Partnership, 2014 BCSC 2494 The Residents Association Mount Pleasant v. Vancouver (City), 2015 BCSC 551 In two decisions, the British Columbia Supreme Court refused multiple efforts by a residents’ association to halt a multibuilding, 258-unit project now called the Independent at Main. Continue reading “The Residents Association Mount Pleasant v. Vancouver (City), 2015 BCSC 551”

Cadillac Fairview Limited and its property, Pacific Centre mall, were unsuccessful in their efforts to stop a massive redevelopment of 720 Beatty St., site of the Creative Energy steam heat plant which serves the energy needs of over 200 commercial and residential buildings throughout downtown Vancouver.  Our clients, Creative Energy and Westbank Projects Corp., areContinue reading “Pacific Centre Limited v. Creative Energy Vancouver Platforms Inc., Westbank Projects Corp. and others”

Our client was successful in having a Mareva injunction discharged. Under the Injunction, our client’s worldwide assets, up to $29,280,000, had been frozen. The British Columbia Supreme Court set aside the Injunction due to material non-disclosure by the plaintiff in obtaining the original Order, and further held that the Injunction must be denied on a de novo reconsideration.  TheContinue reading “Shen v Lou, 2023 BCSC 414”

Our clients sought to rescind a $28,800,000 contract for the sale of a large redevelopment site in the heart of a Vancouver suburb. The case is exceptional as rescission was sought, and ultimately ordered by the Court, based on a rarely used legal doctrine of ex turpi causa non oritur actio (“from a dishonourable cause an actionContinue reading “Youyi Group Holdings (Canada) Ltd. v. Brentwood Lanes Canada Ltd., 2019 BCSC 739”