August 12, 2008

Standing of a Common Law Spouse to Apply Under the Family Compensation Act (1983)

Under the Family Compensation Act, an action for damages against the person who caused the deceased’s death may be brought on behalf of the deceased’s wife, husband, parent, child or person to whom the deceased stood in loco parentis (s. 3). The intent of the Family Compensation Act is to Read more…

Interest and Jurisdictional Limits in the County and Provincial Courts (1982)

There is currently a monetary limit to commencing an action in (provincial) small claims court, and there was a similar limit for the (former) county court. For example, at the time of this project, an action could only be commenced in small claims court if the amount of the claim Read more…

Interpretation of Wills (1982)

Once a will is admitted to probate, doubts may arise concerning the meaning of words used by the testator. Over several hundred years the law has developed a bewildering array of rules concerning the interpretation (or construction) of words used in a will. Many of these rules are archaic and Read more…

The Crown as Creditor: Priorities and Privileges (1982)

This project focuses on the special priorities and privileges that the provincial government (or “Crown”) enjoys when it enforces its rights to be repaid on a debt. The focus is on two sources of these priorities and privileges: its historical prerogative right to priority of payment and liens that have Read more…

Presumptions of Survivorship (1982)

This project examines the legal issues that arise when two or more persons die in circumstances that make it difficult to determine the order in which their deaths have occurred. The law of survivorship has an important bearing on determining rights to succession to property on death and entitlement to Read more…