August 12, 2008

Fixtures and the Personal Property Security Act (1993)

Keywords: fixture; property; personal; real; land; crop; collateral; removal; asset; security; interest; fraud; notice; priority Fixtures are goods that have been attached to land. As a result of this process-referred to as “affixation”-the fixtures become a part of the land. This result can be problematic when a person wants to Read more…

Informal Public Appeal Funds (1993)

Keywords: fund; trust; public; spontaneous; appeal; informal; fundraising; donation; gift; aid; victim; disaster; misfortune; purpose; settlor; charity; charitable; non-charitable; surplus; cy-pres; resulting; donor; refund; Re Gillingham Bus Disaster Fund When disaster or misfortune occurs, an informal public appeal often goes out for aid to the victims. This project examines some Read more…

Non-Charitable Purpose Trusts (1992)

Keywords: trust; object; non-charitable; purpose; creation; enforcement; settlement; settlor; beneficiary; trustee; non-profit; foundation; funding; charity; charitable; donor; duration; perpetuity; cy-pres; scheme; variation; obsolescence; Re Denley’s Trust Deed As a general rule, a trust that is framed for the benefit of a purpose rather than a person is invalid unless the Read more…

Wrongful Interference with Goods (1992)

Keywords: personal; property; goods; wrongful; interference; damage; ownership; owner; possession; recovery; tort; detinue; trespass; chattel; conversion; trover; remedy; compensation; damages; pleading; negligence; third party; co-owner The law governing wrongful interference with personal property is based to a large extent on antiquated notions of civil procedure, which has resulted in an Read more…

Supreme Court Rule 54: Reciprocally Enforceable Judgments (1992)

Keywords: judgment; foreign; extra-provincial; extraprovincial; reciprocal; enforcement; registration; application; order; notice; stay; Rule 54; Court Order Enforcement Act; Convention; United Kingdom The Court Order Enforcement Act contains two reciprocal enforcement measures that allow a person to register out-of-province judgments. Rule 54 of the Rules of Court prescribes the procedure to Read more…