Archive for the 'Trust Law' Category

Legalese Dictionary: Trust Law 101

What Is Trust Law?
In common law, a trust refers to an arrangement by which one person holds or deals with property for the benefit of another.
The person creating the trust is called the settlor, while the person enjoying the benefit is called the beneficiary. The person who administers the property under the trust is called [...]

A Brief Note on the Ontario Disability Support Program (ODSP) and the Henson Trust

Most social assistance programs funded by the public purse have financial restrictions on eligibility. The Ontario Disability Support Program (ODSP) is no exception. To qualify for ODSP, the recipient must not have more than the prescribed assets. (For more information, read my blog “Too Much Money? ODSP’s Asset Restrictions,” posted on April 20, 2009.)
A Henson [...]

Resulting Trust in Family Law

Yesterday I wrote about the doctrine of constructive trust and its application in property division between unmarried couples. Today I’d like to discuss the doctrine of resulting trust, another type of trust that is also applicable to unmarried spouses when dealing with property division.
A resulting trust arises when one person purchases property in the name [...]

Property Division for Unmarried Spouses and the Doctrine of Constructive Trust

In Monday’s blog I wrote about property division between married spouses at the breakdown of their relationship, as governed by Part I of the Ontario Family Law Act. Unfortunately, this part of the act doesn’t apply to cohabiting spouses. therefore, property division between unmarried spouses is generally done through alternative dispute resolutions (ADR).
At the same [...]

Lawyers Increasingly Targeted by Fraudsters

Recently I attended a workshop hosted by LawPro, the professional liability insurance provider to lawyers. Apparently, an increasing number of lawyers are being targeted by fraudsters and scam artists.
Besides the prevalent mortgage fraud that has been plaguing the industry for years (where the rogue client mortgages a piece of property for far greater than its [...]

 

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