An honour for Emily Clough
We are pleased to announce that our Emily Clough has received the tremendous honour of being nominated as one of eleven businesswomen for the YWCA ... Continued
Predatory marriages and the capacity to marry: Emily Clough’s case featured in CBC documentary
Emily Clough’s 2017 case at the Supreme Court of British Columbia was the subject of a documentary made by the CBC. The documentary was nationally ... Continued
BC Supreme Court Finds Individual Liable For Assisting a Fiduciary In Breaching Their Fiduciary Duty
A fiduciary duty is a legal duty where one person (the “fiduciary”) has to act in the best interests of another (the “beneficiary”). Trust lies ... Continued
Emily Clough’s case at B.C. Court of Appeal appears in The Lawyer’s Daily
A court should not force an elderly person to undergo a medical examination to determine mental capacity. Mental capacity should be presumed. That was the ... Continued
Emily Clough appointed to BC Law Institute’s Board of Directors
Emily Clough has been appointed to the Board of Directors of the British Columbia Law Institute (BCLI). The BCLI carries out scholarly research, writing and ... Continued
The Third Party Beneficiary Rule: Claims By Disappointed Beneficiaries Against A Solicitor
Generally, a solicitor who accepts instructions to draft a will owes a legal duty of care to an intended beneficiary under that will. This duty ... Continued
The (Not So) Simple Contract: Mental Capacity & The Act of Marriage
Emily Clough and Michael Larsen recently presented their paper “The (Not So) Simple Contract: Mental Capacity & The Act of Marriage” at the Canadian Elder ... Continued
Predatory marriage set aside for mental incapacity
Emily Clough, a partner in our Estates & Trusts group, was successful counsel for the plaintiff in a complex and precedent-setting case released yesterday by ... Continued
Court Compels Individual To Undergo Mental Capacity Assessments
A “committee” is a legal guardian, appointed by the court, to act for an individual who has reduced capacity. A “committee of estate” acts for ... Continued
Successful Appeal in Presumption of Resulting Trust Case
The Supreme Court of Canada has confirmed that, when assets are transferred from a parent to an adult child without anything given in return, the ... Continued
Couple never lived together, but court finds they are “spouses” for BC Estate Law
The definition of spouse in BC’s Wills, Estates, and Succession Act says that two people are “spouses” if “they have lived with each other in ... Continued