Trusts
Resulting and Constructive Trusts: A Case in Point
Constructive Trusts Without Unjust EnrichmentIn a majority judgment in Soulos v. Korkontzilas, the Supreme Court of Canada noted that a constructive trust arose in the absence...
Resulting and Constructive Trusts: All About Constructive Trusts
The Constructive TrustA constructive trust is formed by operation of law. It is considered an equitable remedy so as to prevent unjust enrichment, which is when...
Resulting and Constructive Trusts: Types Continued
Good WifeThe Ontario Superior Court of Justice decided in Citi Financial Ltd.v. Zaidi that the transfer of a residential property from a husband to his wife...
Resulting and Constructive Trusts: The Various Types
Resulting Trusts Arising from Mortgage FraudThe Alberta Court of Appeal observed in Luitenko v. McAleer that a resulting trust arose out of mortgage fraud. The respondent,...
Resulting and Constructive Trusts: What are They and What is Their Significance for Real Estate Lawyers?
Important developments have taken place in Canadian jurisprudence from the 1960s relating to interpretation and application of resulting and constructive trusts and more recently, the presumption...
ESTATE TRUSTEE: FREE RADICAL OR LOOSE CANNON?
Having known that the estate trustee authorized by the will is like a free radical (definition: a chemical ion free to do anything), it remains to...
ESTATE LITIGATION: Battle of the Wills
With the Certificate of Appointment of Estate Trustee already in the hands of the supporter, the proceedings to challenge a will cannot be commenced by filing...
Death Tax, Probate Tax, Estate Tax, Inheritance Tax, Wealth Tax and Final Income Taxes; which of these should we Canadians be concerned for?
Unlike some other countries in the world, Canada does not impose taxes on wealth or the value of an inheritance upon death; but in its place Canada...
ESTATE ADMINISTRATION: Why, and what is done once someone passes?
In law, an estate can be defined as the personal, real, tangible and intangible property of an individual along with things of value to which the person (now dead)...