Litigation comes with its own jargon which is not easy to decipher. In Ontario a lawsuit/court proceeding is categorized as either an action or an application. What’s the difference? The terms are defined in the Rules of Civil Procedure, but these definitions are not terribly useful at first blush; an action is defined as “a
Can you apply for the removal of the estate trustee? Section 37(3) of the Trustee Act provides the court with legislative authority to grant an order removing an estate trustee upon the application of: -any executor or administrator desiring to be relieved from the duties of the office, or -any executor or administrator complaining of
The Law of Resulting Trusts What happens to jointly owned assets following the death of one of the joint owners? In the normal course, full ownership passes to the surviving owner.[1] However, this result may seem unfair where only one of the owners paid for the property or, in the case of bank accounts, only
I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921, the ERA sought to mandate equality between men and woman. In 1972, Congress passed the ERA, but they could not obtain
When a parent transfers property to a capable adult child without getting anything in return, the law does not assume this is a gift. Instead there is a (rebuttable) presumption that the child holds this property in trust for the parent (called a resulting trust). But what happens when that property is a matrimonial home
