PSC Industrial Canada Inc. v. Ontario, 2004 CanLII 15482 (ON SC)

[34] Confusion exists in the concept of a “personal tort”. Again, with reference to Black’s Law Dictionary (Ibid), “personal” is defined as an adjective; “1. of or affecting a person (for example) – personal injury. 2. of or constituting a personal property”. A personal tort is defined as “(a) tort involving or consisting in an injury to one’s person, reputation or feelings as distinguished from an injury or damage to real or personal property.” A person is defined as “1. (a) human being. 2. An entity (such as a corporation) that is recognized by law as having the rights and duties of a human being.

Markle v. Toronto 2002 CanLII 49627(ON SC)

[39] To create a trust, there must be both a declaration of trust and a “constitution of the trust”. A declaration of trust occurs when three characteristics which are known as the “three certainties” are present. These are:

1. certainty of intention to create the trust;

2. identification of, or ascertainability of, the subject matter or property of the trust; and

3. ascertainability of the persons intended as beneficiaries.

A “constitution of the trust” occurs where a declaration of trust is combined with a conveyance of property to the trustee.

[40] The first step therefore is to determine whether there was a declaration of trust.

O’Donohue v. Canada, 2003 CanLII 41404(ON SC)

[31]           By the Statute of Westminster, 1931 (U.K.) 22 and 23 Geo. 5, c.4 the United Kingdom agreed that it would no longer impose British statutes on the various dominions without their accord. It also provided that the British monarch would continue to be the monarch of various Commonwealth countries including Canada. In order to recognize that the United Kingdom would no longer impose British statutes on the dominions, but also to ensure that the rules of succession which had previously been imposed by the United Kingdom on those Commonwealth countries continued to be consistent, the British Parliament set out in the preamble to the Statute of Westminster the following:

Re Alfrey Investments Ltd. and Shefsky Developments Ltd. et al., 1974 CanLII 709 (ON SC)

Extinguishment of Owner's Title.**** A person in possession of land in the assumed character of owner, and exercising possibly the ordinary rights of ownership****, has a perfectly good title against all the world but the rightful owner. And if the rightful owner does not come forward and assert his title by process of law within the period prescribed by the provisions of The Statute of Limitations applicable to the case, his right is forever extinguished, and the possessory owner acquires an absolute title. The Statute of Limitations is a law of extinctive, not of acquisitive prescription. It operates to bar the owner out of possession, not to confer title on the trespasser or disseisor in possession.

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