August 12, 2008

Discount Rates (1980)

The issue of discount rates was first referred to the Commission in a letter from the Deputy Attorney General in February of this year. That letter enclosed a copy of a draft Prospective Pecuniary Damages Act dealing, inter alia, with discount rates and Mr. Vogel requested the Commission to “assess Read more…

The Recovery of Unauthorized Disbursements of Public Funds (1980)

Keywords: recovery; restitution; disbursement; expenditure; public; fund; money; authority; unauthorized; defence; estoppel; mistake; government; crown; interest; loss; Financial Administration Act; Crown The common law has formulated an absolute rule that holds that the government has an unqualified right to recover money disbursed from public funds without the requisite statutory authority. Read more…

The Calculation of Interest on Foreclosure (1980)

Keywords: calculation; interest; foreclosure; mortgage; redemption; accounting; registrar; notice; land; order; nisi; sale; default; remedy A mortgagor who wishes to redeem land that is subject to a foreclosure proceeding must, among other things, pay the interest that has accrued on the loan. This project concerns a divergence that had developed Read more…

Civil Litigation in the Public Interest (1980)

Keywords: civil; litigation; procedure; appeal; public interest; advocacy; standing; locus standi; ratepayer; class action; nuisance; Attorney General; relator; fiat; ultra vires; public right; amicus curiae; remedy Traditionally at common law private individuals did not have the right to commence proceedings in the public interest, asking the courts to protect the Read more…

Parol Evidence Rule (1979)

Keywords: parol evidence rule; writing; contract; agreement; collateral; oral; admissibility; proof; extrinsic When the parties to a contract have apparently set down all the terms and conditions in a written document, extrinsic evidence is inadmissible to add to, vary, or contradict those terms and conditions. This feature of the law Read more…