In addition to the provincial statutes governing the division of family property on breakdown of marriage, equitable trust principles continue to apply in family law cases. This post explores when unjust enrichment and the presumptions of advancement and resulting trust apply in family law.

This post outlines the general principles of trusts, including: trusts distinguished from other relationships, secret trusts, express trusts, the three certainties, precatory trusts, application of the Statute of Frauds, and the creation of an express trust.

This post gives an overview of the criminal law procedure involved in arrests, including a definition of the term, notice required, arrest without a warrant, and the powers of a peace officer incidental to arrest.

This post examines the burdens and standards of proof within our legal system, as well as the related concepts of presumptions of fact, rebuttable presumptions and reverse onus presumptions and the Charter of Rights and Freedoms.

This post covers some basic principles governing the granting of injunctions, such as the jurisdiction of the court, the nature of the remedy, and the various types of injunctions.

This post concisely summarizes how the Immigration and Refugee Protection Act deals with people deemed inadmissible to Canada for various reasons.

This post describes the procedures a person seeking access to records under freedom of information laws must follow in each jurisdiction in Canada.

This post examines the general principles behind the interpretation of contracts, and an overview of the burden of proof for construction and interpretation.

Reflecting the daily news coverage of bribery and corruption scandals, this month’s post takes a closer look at some of the Criminal Code’s numerous offences relating to corruption, specifically bribery of officials, bribery of officers and frauds on government.

This month’s post features a potpourri of legal issues stemming from the ever-growing world of the internet: an overview of Canada’s Anti-Spam Legislation (CASL), a brief look at cyberbullying and harassment, and an examination of crimes against computers systems including hackers, mischief, malware and spyware.

This post looks at Ontario landlord and tenant law, focusing on tenancy agreements, financial issues like security deposits, post-dated cheques and automated payments, the validity of “no pets” clauses, and assigning and subletting.

This post explains Section 7 of the Charter of Rights and Freedoms, which guarantees the right to life, liberty and security of the person.