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CATEGORIES: Word of the Week

[T]he phrase 'who is or may be interested' in Rule 16-46 [of the Rules of Civil Procedure], requires that the interest or possible interest implicated by the Rule be one arising out of or be intrinsically connected to the estate and the devolution of the deceased's property. The interest must be a legal or financial one. The person claiming standing must have a stake in, and be affected by, the outcome of any challenge to the will.

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The informal description given to a contemplated arrangement, permitted by the Canada Revenue Agency in certain circumstances, to facilitate the formal transfer of ownership of certain corporate property without immediate tax consequences.

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An unjust enrichment is more than the exchange of mutual benefits arising from cohabitation or the sharing of expenses

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The phrase “joint family venture” denotes a particular model of domestic relationship. One might reasonably describe the acquisition and use of a residence in the context of a joint family venture, but it is incorrect to describe acquiring and using a piece of realty as a joint family venture.

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Threlfall v. Carleton University (2019), 2019 CarswellQue 9253, 2019 CarswellQue 9252, 2019 CSC 50, 2019 SCC 50 (S.C.C.)

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R.S. v. P.R. (2019), 2019 CSC 49, 2019 SCC 49, 2019 CarswellQue 8813, 2019 CarswellQue 8812

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A right of survivorship is inherent in the creation of a joint tenancy.

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Moses v. Stephens (2019), 2019 CarswellOnt 9717, 2019 ONCJ 412 (Ont. C.J.)

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Restrictive covenants [in employment context] are contracts in restraint of trade, and as a general rule, are ... prima facie unenforceable ... there are exceptions to that rule: ...

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The central feature of the Henson trust is that the trustee is given ultimate discretion with respect to payments out of the trust to the person with disabilities for whom the trust was settled.

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... the fact that [the employer] cannot be sued, and so cannot be held vicariously liable, makes no difference to whether its notional vicarious liability constitutes “fault”

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A revocable beneficiary designation is one that can be altered or revoked by the insured without the beneficiary’s knowledge or consent (s. 190(1) and (2) [Part V of the Insurance Act [R.S.O. 1990, c. I.8]]) .

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