1999 - British Columbia Law Institute

A Report on Year Two (1998-99 Annual Report)

British Columbia Law Institute — Sat, 01 May 1999 19:00:00 +0000

The post A Report on Year Two (1998-99 Annual Report) first appeared on British Columbia Law Institute.

Enforcement of Non-money Judgments from Outside the Province

web@hotsoupmedia.com — Sun, 04 Apr 1999 21:48:24 +0000

A party who has obtained a judgment in one province may find that it is not enforceable elsewhere in Canada and may, depending on a variety of factors, be required to bring an entirely new action in the province where enforcement is sought. This project identifies and discusses a significant number of threads of jurisprudence and legal policy that suggests a scheme for the inter-provincial enforcement of non-money judgments that is appropriate for adoption in British Columbia.

Keywords: judgments, enforcement of non-money judgments, conflict of laws, private international law, decrees, injunctions, Mareva injunction, Morguard case, business & non-profits, family law, Uniform Law Conference of Canada

The post Enforcement of Non-money Judgments from Outside the Province first appeared on British Columbia Law Institute.

Statutory Remuneration of Trustees and Trustees’ Accounts

web@hotsoupmedia.com — Wed, 03 Mar 1999 21:46:17 +0000

This report contains recommendations for changes to the Trustee Act dealing with remuneration of trustees and related matters. In all provinces and territories, trustees and personal representatives (executors and administrators) have a statutory right to receive remuneration for their services from the trust or estate. Statutory remuneration in British Columbia takes the form of an allowance under the Trustee Act from the trust capital (the original trust property) and income, with a ceiling fixed by statute. Within that ceiling, the court is directed to allow an amount it considers fair and reasonable. The Trustee Act also provides for a ‘care and management fee.’ Much of the law and procedure surrounding statutory remuneration of trustees in British Columbia is needlessly complex and outdated.

Keywords: trusts and trustees, Trustee Act, fees, remuneration of trustees, trustees’ accounts, wills, estates & life planning, accounting, passing of accounts, calculating remuneration, Trustee Act Modernization

The post Statutory Remuneration of Trustees and Trustees’ Accounts first appeared on British Columbia Law Institute.

Trustee Investment Powers

web@hotsoupmedia.com — Tue, 02 Feb 1999 21:40:39 +0000

A trust is a specific investment relationship where a designated trustee holds title to assets for the benefit of designated beneficiaries. A trust is established when an owner of property (called the settlor) makes a disposition of property to a trustee on terms describing how the trustee is to administer the property to confer the benefits that the settlor intends. In British Columbia, the principal statute concerned with trust law is the Trustee Act. This report identifies and discusses a number of problems with the investment powers under the Trustee Act as it stood when the report was published. The report contains recommendations to provide trustees with adequate statutory powers to invest trust property efficiently and productively under contemporary circumstances. The recommendations were implemented by amendments to the Trustee Act in 2003.

Keywords: trusts and trustees, Trustee Act, legal investments, powers of trustee, trustee investment, business & non-profits, wills, estates & life planning, mutual funds, modern portfolio theory, delegation, Trustee Act Modernization Committee

The post Trustee Investment Powers first appeared on British Columbia Law Institute.