August 12, 2008

Informal Public Appeal Funds (1993)

Keywords: fund; trust; public; spontaneous; appeal; informal; fundraising; donation; gift; aid; victim; disaster; misfortune; purpose; settlor; charity; charitable; non-charitable; surplus; cy-pres; resulting; donor; refund; Re Gillingham Bus Disaster Fund When disaster or misfortune occurs, an informal public appeal often goes out for aid to the victims. This project examines some Read more…

Non-Charitable Purpose Trusts (1992)

Keywords: trust; object; non-charitable; purpose; creation; enforcement; settlement; settlor; beneficiary; trustee; non-profit; foundation; funding; charity; charitable; donor; duration; perpetuity; cy-pres; scheme; variation; obsolescence; Re Denley’s Trust Deed As a general rule, a trust that is framed for the benefit of a purpose rather than a person is invalid unless the Read more…

Wrongful Interference with Goods (1992)

Keywords: personal; property; goods; wrongful; interference; damage; ownership; owner; possession; recovery; tort; detinue; trespass; chattel; conversion; trover; remedy; compensation; damages; pleading; negligence; third party; co-owner The law governing wrongful interference with personal property is based to a large extent on antiquated notions of civil procedure, which has resulted in an Read more…

Supreme Court Rule 54: Reciprocally Enforceable Judgments (1992)

Keywords: judgment; foreign; extra-provincial; extraprovincial; reciprocal; enforcement; registration; application; order; notice; stay; Rule 54; Court Order Enforcement Act; Convention; United Kingdom The Court Order Enforcement Act contains two reciprocal enforcement measures that allow a person to register out-of-province judgments. Rule 54 of the Rules of Court prescribes the procedure to Read more…

Insurance Act, Section 26(1) (1992)

Keywords: injury; damage; economic; pecuniary; loss; compensation; insurer third party; direct; action; insurance; Insurance Act; Insurance (Motor Vehicle) Act A person who suffers loss caused by an insured person is able to claim directly against the insurer if the insured is unwilling or unavailable to claim against the policy. This Read more…