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ARTICLE · 12 AUGUST 2015

Agricultural Law NetLetter - Friday, August 7, 2015 - Issue 329

Miller Thomson
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Clifford Hartnell Cory (the "Father") applied for a Court Order to strike, summary dismissal and dismissal pursuant to a summary trial, with respect to a claim advanced by his son, James Evan Cory ("James").

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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** HIGHLIGHTS ** *

  • A Justice of the Supreme Court of British Columbia has dismissed the unjust enrichment claim of one of three sons who took the position that he should have a one third share of the family farm based on farm work he did while growing up and his father's alleged promises that he would receive a share of the farm. The Court concluded that there was no basis in law to award a one third interest based on the bare promise that sometime in the future the father would transfer a one third interest to each son, and that any work done on the farm while growing up was part of family life and non-compensable. (Cory v. Cory, CALN/2015-018, [2015] B.C.J. No. 1543, British Columbia Supreme Court)

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