August 12, 2008

Loss Appraisal Under the Insurance Act (1989)

Keywords: insurance; loss; appraisal; alternate dispute resolution; insurer; indemnify; insured; policy; contract; business interruption loss; peril; fire; valuation; statutory; appraisal; procedure; damage; Insurance Act; In cases where an insured party and their insurance provider fail to reach an agreement on the value of damages, the Insurance Act sets out an Read more…

Vicarious Liability Under the Motor Vehicle Act (1989)

Keywords: Charter; vicarious; liability; tortfeasor; Motor Vehicle Act; motor vehicle; owner; negligence; duty of care; lease; master; servant; principal; agent; operator; identity; prudent entrustment; evidence; radar; speed; trap; provincial; offence; charter; civil; penal This project examines vicarious liability, a concept used in the Motor Vehicle Act to impose liability on Read more…

Severance of Unconstitutional Enactments (1989)

Keywords: severance; unconstitutional; enactment; limitation; legislation; charter; Charter When legislation is held by a court to infringe the Constitution Act, 1867 or the Canadian Charter of Rights and Freedoms, the court has the authority to strike down either the offending section or the legislation in its entirety. In the United Read more…

Floating Charges on Land, Report on (1989)

Keywords: floating charge; property; real; land; crystallization; debt; debtor; creditor; insolvent; mortgage; security; interest; registration; title; circular; priority A floating charge on land is a particular kind of mortgage, which, unlike traditional or “fixed” mortgages, does not bind specific property so long as the borrower remains financially healthy. Instead, the Read more…

Wills and Changed Circumstances (1989)

Keywords: testator; beneficiary; will; estate; contrary; intent; property; construction; interpretation; gift; residue; equitable conversion; portion; ademption; satisfaction; election; lapse; disclaimer; abatement; hotchpot; per stirpes; devolution; testamentary; conditional; debt; Wills Act; class Between the time a will is made and the time it takes effect, circumstances may change which are not Read more…