August 12, 2008

Response to Access to Justice: The Report of the Justice Reform Committee, 1988 (1988)

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 In 1987 the Justice Reform Committee was formed to make British Columbia’s justice system more “accessible, understandable, relevant, and Read more…

Co-Ownership of Land (1988)

Keywords: co-ownership; joint tenancy; tenancy in common; severance; sale; partition; right of survivorship; title; accounting; homestead; time; matrimonial home; possession; interest; joint tenant; property; land; registration Land may be owned by more than one person in either a joint tenancy or a tenancy in common. Joint tenancy is a more Read more…

The Land (Settled Estate) Act (1988)

Keywords: Land (Settled Estate) Act; life; estate; trust; beneficiary; conveyance; infant; inheritance; settlement; settled; Trust Variation Act; property; land; lease; consent; variation; minor; child This project examines the Land (Settled Estate) Act to see whether or not it retains any practical use or purpose in British Columbia in the light Read more…

Practice in Relation to the Cancellation of a Certificate of Lis Pendens (1988)

The registration of a certificate of lis pendens (hereafter CLP) may severely restrict the way in which a person with an interest in the land can deal with it. The CLP has the effect of preserving the status quo during litigation. The owner of property against which a claim is Read more…

Set-Off (1988)

Keywords: set-off; claim; counterclaim; cross demand; cross-demand; demand; debt; assignment; successor; interest; damages; liquidated; unliquidated; breach; notice; insolvency; abatement; contract; specific performance; equity; limitation period; creditor; Holt v. Telford; procedure A right of set-off arises when one person attempts to enforce payment of a debt owed to him by another and Read more…