What is the test for establishing a claim against creditors and others against a property owner?

British Columbia, Canada


The following excerpt is from Antrobus v. Antrobus, 2009 BCSC 1341 (CanLII):

The language “creditors and others” means that a claim need not have been established so long as the person claiming has at least some legal or equitable claim during the property owner’s lifetime: see Hossay v. Newman, at para. 9.

Other Questions


Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the test for establishing strict liability in the context of a property owner's claim in Rylands v Fletcher v Fletcher? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
Is a joint tenant of a property owned by a deceased spouse entitled to claim the property from the deceased? (British Columbia, Canada)
Can a constructive trust remedy be used against a property owner who has made a constructive contribution to the property? (British Columbia, Canada)
In what circumstances will a plaintiff be able to bring a claim for damages against the owner of the property for failing to prevent the spread of a disease-infected tree? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
What is the test for establishing that a party registered on the title of a property has a legal and equitable interest in the property? (British Columbia, Canada)
What is the range of damages awarded in a personal injury action against a property owner who lost access to their property due to trespass? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.