Katz v Kosikar
Karen Marie Katz
Law Firm / Organization
Macdonald Law Group
Lawyer(s)

Allan A. Macdonald

Terrance Joseph Kosikar
Law Firm / Organization
Deer Lake Law Group
Catrina M. Chisholm
Law Firm / Organization
Not Specified
Lawyer(s)

D. Rondeau

Kahn Zack Ehrlich Lithwick
Law Firm / Organization
Not Specified
Lawyer(s)

D. Rondeau

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:

  1. 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.

  2. Negligence: Katz claimed the lawyer failed to advise her of conflicts of interest and did not recommend independent legal advice.

  3. 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.

Supreme Court of British Columbia
S228836
Civil litigation