Case information
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40054
Mother 1 v. Solus Trust Company Limited and Christopher Scott Johnson, as Administrators of the Estate of Gang Yuan, deceased, et al.
(British Columbia) (Civil) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-08-08 | Close file on Leave | |
| 2022-08-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-08-04 | Judgment on leave sent to the parties | |
| 2022-08-04 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45956, 2021 BCCA 461, dated December 9, 2021 is dismissed with costs to Child 1, Child 3, Child 4 and Child 5. Dismissed, with costs |
|
| 2022-07-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-04-19 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-04-26) | Mother 1 |
| 2022-04-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-05-27, (Printed version filed on 2022-04-21) | Mother 1 |
| 2022-04-07 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-04-14) | Child 1, Child 5 |
| 2022-04-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-04-14) | Child 1, Child 5 |
| 2022-04-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-05-27, (Printed version filed on 2022-04-07) | Child 1, Child 5 |
| 2022-04-07 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-04-14) | Child 4 |
| 2022-04-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-04-14) | Child 4 |
| 2022-04-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-05-27, (Printed version filed on 2022-04-07) | Child 4 |
| 2022-04-07 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-04-07) | Child 3 |
| 2022-04-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-04-07) | Child 3 |
| 2022-04-07 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-07-05, (Printed version filed on 2022-04-07) | Child 3 |
| 2022-03-08 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-03-02 | |
| 2022-03-07 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), Form 23B, (Printed version due on 2022-03-14) | Mother 1 |
| 2022-03-07 |
Certificate (on limitations to public access), SEALED Form 23A received: amended 23A (rec'd 2022-04-14) |
Mother 1 |
| 2022-02-07 |
Application for leave to appeal, (Book Form), Require: TC Order Clarification re: 23A - Rec'd 2022-06-10 Amended 23B, Completed on: 2022-07-04, (Printed version filed on 2022-02-08) |
Mother 1 |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Mother 1 | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Solus Trust Company Limited and Christopher Scott Johnson, as Administrators of the Estate of Gang Yuan, deceased | Respondent | Active |
| Child 1, Child 5 | Respondent | Active |
| Child 3 | Respondent | Active |
| Child 4 | Respondent | Active |
| Child 2 | Respondent | Active |
Counsel
Party: Mother 1
Counsel
Roselle P. Wu
Eugene Meehan
3200-650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
Email: ehatch@harpergrey.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Solus Trust Company Limited and Christopher Scott Johnson, as Administrators of the Estate of Gang Yuan, deceased
Counsel
Michael Wagner
2500-700 West Georgia Street
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9302
Email: kwsmith@farris.com
Party: Child 1, Child 5
Counsel
340-1122 Mainland Street
Vancouver, British Columbia
V6B 5L1
Telephone: (604) 687-0549
FAX: (607) 687-2696
Email: tdickson@jfklaw.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Child 3
Counsel
Emma H. Irving
250 Howe Street
20th Floor
Vancouver, British Columbia
V6C 3R8
Telephone: (604) 691-6429
FAX: (604) 683-5214
Email: david.wotherspoon@dentons.com
Party: Child 4
Counsel
1650-1130 West Pender Street
Vancouver, British Columbia
V6E 4A4
Telephone: (604) 629-7808
FAX: (604) 629-7810
Email: ddavison@davisonnorth.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Child 2
Counsel
Suite 690-999 West Broadway
Vancouver, British Columbia
V5Z 1K5
Telephone: (604) 558-0688
FAX: (604) 558-0689
Email: info@tclawcorp.com
Summary
Keywords
Wills and Estates — Intestacy — Preferential share — What is the legal test to establish a marriage-like relationship.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN IN CASE)
Y was killed in May 2015 and he died intestate. When he died, Y had five children from relationships with five different women. He did not marry any of the women. He spent time with all of them, provided them with various levels of financial support and expensive gifts. The applicant, Mother 1, did not know of the existence of the other four women until after Y’s death. The relationships overlapped in time. Throughout, Y also maintained an online dating profile. Mother 1 claimed that under the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, she is Y’s spouse. If Mother 1 is considered Y’s spouse, then she would be entitled to a preferential share plus half of Y’s estate and the children would be entitled to the other half. If she is not a spouse under the Act, the children would be entitled to share the total value of the estate between themselves. Y’s estate is estimated to be worth between $7 and 21 million. The respondents are the administrators of Y’s estate as well as Y’s five children.
The trial judge concluded that there was no marriage-like relationship between Mother 1 and Y and she was therefore not a “spouse” pursuant to the Act. Alternatively, if such a relationship did exist, it was terminated by Y in 2011. In further alternative, it was terminated by Y in 2014. The Court of Appeal dismissed the appeal by Mother 1.
Lower court rulings
Supreme Court of British Columbia
2019 BCSC 200, S171265
Applicant’s application that she is a “spouse” pursuant to the Wills, Estates and Succession Act, dismissed
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 461, CA45956
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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