March 5, 2004
Appointing a Guardian and Standby Guardianship
Parents and other guardians of small children want to ensure that their children will be provided for in case they pass away, or otherwise become unable to care for them. This project explored four issues related to the guardianship of children: (1) whether provisions relating to testamentary guardianship, guardianship appointed Read more…
January 5, 2004
Post-Accident Remedial Measures
This project examined the law relating to the admission of post-accident remedial measures as evidence of negligence. The law now permits post-accident remedial measures to be admitted in litigation as evidence of negligence. The current scheme may discourage people from taking steps to ensure that future accidents do not occur, Read more…
October 5, 2003
The Variation and Termination of Trusts
This topic was part of the broader project on modernization of the Trustee Act. It addresses mechanisms for varying the terms of a trust. A trust is a relationship in which a designated trustee holds title to assets for the benefit of a designated person or persons who are called Read more…
March 5, 2003
Creditor Access to the Assets of a Purpose Trust
This report discusses the ruling of the Ontario Court of Appeal in Re Christian Brothers of Ireland in Canada. The ruling asserted that assets held by a charity on a charitable trust for a special purpose were available to satisfy the claims of creditors, even where those claims arose out Read more…
March 5, 2002
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…