September 5, 2002

Health Care Decisions and End-of-Life Issues

This project considers issues arising out of the implementation of new adult guardianship legislation, in particular the Health Care (Consent) and Care Facility (Admission) Act (the HCCF). This project discusses those issues and also delves into implementation of two other statutes that also came into force as of 28 February Read more…

July 5, 2002

The Ultimate Limitation Period: Updating the Limitation Act

This project examines the ultimate limitation period contained in section 8 of the Limitation Act. The project identifies a number of problems associated with section 8 and makes recommendations with particular attention to: the appropriate length and commencement date of the ULP; the future of special ULPs; and the potential Read more…

March 5, 2002

Private Care Agreements Between Older Adults and Friends or Family Members

A private care agreement involves an older adult’s transfer of property, usually residential property, to a friend or family member in exchange for a promise of care and support in the home. The arrangement is usually made orally and without legal advice, and the law regarding enforcement of such agreements Read more…

Exculpation Clauses in Trust Instruments

An exculpation clause in a trust instrument is a clause that relieves a trustee from liability for the negligent administration of a trust. A trustee is a person or institution to whom legal title to property is entrusted for the benefit of another. Trustees assume a fiduciary duty in relation Read more…

August 5, 2001

Total Return Investing by Trustees

A trust is a relationship in which a designated trustee holds title to assets for the benefit of a designated person called the beneficiary. A trust is typically established when an owner of property (called the settlor) transfers the property to a trustee on terms describing how the trustee is Read more…