Plaintiff
Defendant
Background:
Karen Marie Katz alleged that she provided $290,000 to purchase property solely registered in the name of Terrance Joseph Kosikar. The property included Kosikar’s residence and "Camp My Way," which offered PTSD programs. Katz filed three actions: (1) against Kosikar, seeking ownership of the property via a resulting trust; (2) against Kosikar and the camp for $135,000 in expenses and personal property claims; and (3) against lawyer Catrina M. Chisholm and Kahn Zack Ehrlich Lithwick for solicitor negligence. Kosikar counterclaimed for defamation.
Legal Issues:
Property Ownership: Katz argued the $290,000 was not a gift and sought to vest title in her name via a resulting trust. Kosikar contended the funds were a gift.
Negligence: Katz claimed the lawyer failed to advise her of conflicts of interest and did not recommend independent legal advice.
Defamation: Kosikar alleged Katz defamed him via texts and social media.
Rulings:
The court denied Katz's application to combine the actions, citing insufficient commonality between the claims and potential inefficiencies.
A stay of the negligence claim against the lawyer was granted pending resolution of the property dispute.
The court dismissed Katz’s attempts to add parties to the proceedings.
Costs:
The court reserved costs for further submissions if not resolved between the parties. No awards were explicitly granted at this stage.
Court
Supreme Court of British ColumbiaCase Number
S228836Practice Area
Civil litigationAmount
Winner
Trial Start Date
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