August 12, 2008

Distress for Rent (1981)

Landlords under a commercial lease in British Columbia have the right to seize and sell the tenant’s goods to satisfy arrears of rent. The name of this remedy is distress for rent. Its origins reach back to medieval times, and many of its substantive rules can only be understood by Read more…

The Making and Revocation of Wills (1981)

This project examines the formalities imposed by statute onthe making of wills and other estate-planning instruments. Familiar examples ofsuch formalities include signing and witnessing requirements. The projectcanvasses the effect of these statutory formalities on various issues,including the capacity of minors, soldiers’ and mariners’ wills, theinternational form of will, the effect Read more…

Benefits Conferred Under a Mistake of Law (1981)

Keywords: benefit; mistake; law; money; foreign; fact; restitution; unjust enrichment; equity; contract; gift; ultra vires; recovery; in pari delicto; municipality; duress; relief; quasi-contract; contract; implied; quantum meruit

Cable Television and Defamation (1981)

Keywords: cable; television; defamation; libel; slander; CATV; reputation; privilege; qualified; absolute; broadcast; apology; retraction; licence; media; press; fair comment; freedom; damage This project concerns an anomaly in the Libel and Slander Act. That Act contains special provisions protecting conventional broadcasters, but these provisions were enacted at a time before cable Read more…

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…