Canadian Encyclopedic Digest (CED) – Selected Estates&Trusts Titles
Currency information for the individual titles included in an Estates&TrustsSource subscription is set out below. Included are the month and year each title was written or last replaced, the month and year each title was last updated, and the author of each title.
Absentees
Prepared by Elizabeth Portman, B.A., LL.B.: November 1992
Updated by the Legal Editorial staff of Carswell: February 2005
Cases up to and including:
[2004] C.C.L. Case Law Digests, No. 12
Statutes up to and including:
Alberta Gazette No. 101-1, 05/01/15
British Columbia Gazette No. 47-24, 04/11/30
Manitoba Gazette No. 134-3, 05/01/15
Northwest Territories Gazette, No. 25-12, 04/12/31
Ontario Gazette No. 138-4, 05/01/22
Saskatchewan Gazette No. 101-2, 05/01/14
The following legislation is pending.
British Columbia:
Trustee Act, R.S.B.C. 1996, c. 464 (Supp.), s. 1 (to be proclaimed).
Burial and Cremation (Ontario)
Prepared by Marlene Russo, B.Sc., LL.B. of the Alberta Bar: October 1991
Updated by the legal editorial staff of Carswell: February 2010
Cases up to and including:
[2010] C.C.L. Case Law Digests, No. 1
Legislation up to and including:
Canada Gazette No. 143:22, 2009/10/28
Ontario Gazette No. 142:45, 2009/11/07
The following legislation is pending:
Ontario:
Coroners Amendment Act, 2009, S.O. 2009, c.15 (amends Coroners Act, R.S.O. 1990, c. C.37).
Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33 (replaces Cemeteries Act (Revised), R.S.O. 1990, c. C.4 and Funeral Directors and Establishments Act, R.S.O. 1990, c. F.36; amends Assessment Act, R.S.O. 1990, c. A.31; amends Coroners Act, R.S.O. 1990, c. C.37; amends and repeals Funeral Directors and Establishments Act, R.S.O. 1990, c.F.36).
Health System Improvements Act, 2007, S.O. 2007, c. 10 (amends Health Protection and Promotion Act, R.S.O. 1990, c.H.7).
Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, s.196 (amends Cemeteries Act (Revised), R.S.O. 1990, c. C.4; amends Coroners Act, R.S.O. 1990, c.C.37).
Ministry of Government Services Consumer Protection and Service Modernization Act, 2006, S.O. 2006, c. 34, Sched. D (amends Assessment Act, R.S.O. 1990, c. A.31, s. 3; Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33 and Funeral Directors and Establishments Act, R.S.O. 1990, c. F.36).
Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, S.O. 2008, c.14 (amends Coroners Act, R.S.O. 1990, c. C.37).
Burial and Cremation (Western)
Prepared by H. Peter Eccles, B.A., LL.B.: March 2006
Cases up to and including:
[2006] C.C.L. Case Law Digests, No. 1
Legislation up to and including:
Canada Gazette No. 140:5, 2006/03/08
Alberta Gazette No. 102:4, 2006/02/28
British Columbia Gazette No. 48:25, 2005/12/13
Manitoba Gazette No. 135:8, 2006/02/25
Saskatchewan Gazette No. 102:9, 2006/03/03
Charities (Ontario)
Prepared by Fern A. Levis, Q.C. of the Ontario Bar, and updated by Edwin Z. Durbin, B.Comm., LL.B., LL.M. of the Ontario Bar: August 1993
Updated by the Legal Editorial staff of Carswell to June 2006
Cases up to and including:
[2006] C.C.L. Case Law Digests, No. 6
Legislation up to and including:
Canada Gazette No. 140:11, 2006/05/31
Ontario Gazette No. 139:21, 2006/05/27
The following legislation is pending.
Ontario:
Charitable Institutions Act, R.S.O. 1990, c. C.9, s. 5(1) (to be proclaimed).
Funeral, Burial and Cremation Services Act, 2002, S.O. 1992, c. 33, ss. 141, 147 (amends Assessment Act and Provincial Land Tax Act).
Local Health System Integration Act, 2006, S.O. 2006, c. 4, s. 43 (amends Charitable Institutions Act).
Charities (Western)
Prepared by Frances S. Rapaport, B.A., M.A. LL.B. of the Ontario Bar: January 1990
Updated by the Legal Editorial Staff of Carswell to: August 2006
Cases up to and including:
[2006] C.C.L. Case Law Digests, No. 6
Legislation up to and including:
Alberta Gazette No. 102:10, 2006/05/31
British Columbia Gazette No. 49:8, 2006/04/25
Manitoba Gazette No. 135:21, 2006/05/27
Northwest Territories Gazette No. 27:4, 2006/04/28
Ontario Gazette No. 139:22, 2006/06/03
Yukon Gazette No. 25:4, 2006/04/15
The following legislation is pending:
Yukon:
Perpetuities and Accumulations Repeal Act, S.Y. 2001, c. 12 (to be proclaimed).
Devolution of Estates (Ontario)
Prepared by Albert Kaprielian, M.A., LL.B. of the Ontario Bar: September 1995
Updated by the legal editorial staff of Carswell: March 2008
Cases up to and including:
[2008] C.C.L. Case Law Digests, No. 1
Legislation up to and including:
Canada Gazette, No. 142:3, 2008/02/06
Ontario Gazette, No. 141:06, 2008/02/09
Devolution of Estates (Western)
Prepared by Maria Ruberto, B.A., LL.B. of the Ontario Bar: July 2005
Updated by the legal editorial staff of Carswell: February 2008
Cases up to and including:
[2007] C.C.L. Case Law Digests, No. 12
Legislation up to and including:
Canada Gazette, No. 172-3, 2008/02/06
Alberta Gazette No. 104-2, 2008/01/31
British Columbia Gazette No. 50-25, 2007/12/31
Manitoba Gazette No. 137-5, 2008/02/02
Saskatchewan Gazette No. 104-6, 2008/02/08
Execution (Ontario)
Prepared by Daphne A. Dukelow, B.Sc., LL.B., LL.M. of the Ontario and British Columbia Bars: March 1997
Updated by the legal editorial staff of Carswell to: July 2006
Cases up to and including:
[2006] C.C.L. Case Law Digests, No. 6
Legislation up to and including:
Canada Gazette No. 140:10, 2006/05/17
Ontario Gazette No. 139:21, 2006/05/27
The following legislation is pending:
Canada:
An Act to establish the Wage Earner Protection Program Act, to amend the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act and to make consequential amendments to other Acts, S.C. 2005, c. 47, ss. 35, 57, 60-63 (amends Bankruptcy and Insolvency Act).
Canada Shipping Act, 2001, S.C. 2001, c. 26 (ss. 319, 322-332 in force; remainder to be proclaimed).
Ontario:
Family Statute Law Amendment Act, 2006, S.O. 2006, c. 1, ss. 1(8), (9), 5(2), (3) (amends Arbitration Act and Family Law Act).
Red Tape Reduction Act, 1999, S.O. 1999, c. 12, Schedule B, s. 4(4) (repeals Courts of Justice Act, s. 143.1).
Securities Transfer Act, 2006, S.O. 2006, c. 8, ss. 118, 132(1), 143 (amends Business Corporations Act, Personal Property Securities Act and Execution Act).
Execution (Western)
Prepared by Jay D. Winans, B.A., J.D.: June 1996
Updated by the Thomson Carswell Product Writers: November 2007
Cases up to and including:
[2007] C.C.L. Case Law Digests, No. 10
Legislation up to and including:
Canada Gazette No. 141-24 2007/11/28
Alberta Gazette No. 103-21, 2007/11/15
British Columbia Gazette No. 50-21, 2007/10/23
Manitoba Gazette No. 136-43, 2007/10/27
Saskatchewan Gazette No. 103-47, 2007/11/23
Executors and Administrators (Ontario)
Prepared by Elizabeth Portman, B.A., LL.B. of the Alberta Bar: June 1997
Updated by the legal editorial staff of Carswell: March 2010
Cases up to and including:
[2010] C.C.L. Case Law Digests, No. 10
Legislation up to and including:
Canada Gazette No. 144:1, 2010/01/06
Ontario Gazette No. 142:52, 2009/12/26
The following legislation is pending:
Ontario:
Unclaimed Intangible Property Act, R.S.O. 1990, c. U.1 (to be proclaimed).
Executors and Administrators (Western)
Prepared by Linda M. Sherwood, B.A., LL.B.of the Alberta and British Columbia Bars: May 1999
Updated by the legal editorial staff of Carswell: March 2008
Cases up to and including:
[2008] C.C.L. Case Law Digests, No. 2
Legislation up to and including:
Canada Gazette No. 142-3, 2008/02/06
Alberta Gazette No. 104-2, 2008/01/31
British Columbia Gazette No. 50-25, 2007/12/31
Manitoba Gazette No. 137-5, 2008/02/02
Saskatchewan Gazette No. 104-6, 2008/02/08
The following legislation is pending:
British Columbia:
Final Agreement Consequential Amendments Act, 2007, S.B.C. 2007, c. 36: This Act will amend the Estate Administration Act, R.S.B.C. 1996, c. 122 and the Wills Variation Act, R.S.B.C. 1996, c. 490.
Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c.34: This Act will amend the Estate Administration Act, R.S.B.C. 1996, c. 122.
Family Law (Divorce)
Prepared by James G. McLeod, LL.B., LL.M. of the Ontario Bar: July 1987.
Updated by the Legal Editorial staff of Carswell: March 2005
Cases up to and including:
[2005] C.C.L. Case Law Digests, No. 1
Legislation up to and including:
Canada Gazette No. 139-1, 05/01/12
Alberta Gazette No. 101-1, 05/01/15
British Columbia Gazette No. 47-24, 04/11/30
Manitoba Gazette No. 134-3, 05/01/15
New Brunswick Gazette No. 162-2147, 04/12/15
Newfoundland and Labrador Gazette No. 79-53, 04/12/31
Northwest Territories Gazette No. 25-12, 04/12/14
Nova Scotia Gazette No. 29-21, 05/01/07
Ontario Gazette No. 138-4, 05/01/22
Prince Edward Island Gazette No. 131-2, 05/01/08
Saskatchewan Gazette No. 101-2, 05/01/14
Yukon Gazette No. 23-12, 04/12/15
Family Law (General)(Ontario)
Prepared by James G. McLeod, LL.B., LL.M Faculty of Law, University of Western Ontario, and Alfred A. Mamo, LL.B. Barrister & Solicitor, A.A. Mamo & Associates London, Ontario: July 1993
Updated by the Legal Editorial staff of Carswell to: July 2006
Cases up to and including:
[2006] C.C.L. Case Law Digests, No. 5
Legislation up to and including:
Canada Gazette No. 140-11, 2006/05/31
Ontario Gazette No. 139-21, 2006/05/27
The following legislation is pending:
Ontario:
Budget Measures Act (Fall), 2004, S.O. 2004, c. 31, Schedule 38, s. 2 (amends Family Law Act).
Child Support Guidelines, O. Reg. 391/97 (comes in force for cases to which the Divorce Act applies when specified by order as "applicable guidelines" under s. 2(5) of the Divorce Act).
Children's Law Reform Act, R.S.O. 1990, c. C.12, ss. 80-82 (to be proclaimed).
Domestic Violence Protection Act, 2000, S.O. 2000, c. 33 (portion to be proclaimed - amends Family Law Act).
Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31, s. 64 (re-enacts Part V of Act).
Family Responsibility and Support Arrears Enforcement Act, 2005, S.O. 2005, c. 16 (portion to be proclaimed).
Family Statute Law Amendment Act, 2006, S.O. 2006, c. 1 (portion to be proclaimed -- amends Family Law Act).
Government Efficiency Act, 2002, S.O. 2002, c. 18, Schedule A, s. 15(1) (amends Provincial Offences Act).
Government Efficiency Act, 2002, S.O. 2002, c. 18, Schedule H, s. 4(1)¶14 (amends Insurance Act).
Family Law (General) (Western)
Prepared by D.D. Peterson, B.A., LL.B. of the Alberta Bar and updated by Nancy A. Flatters, B.A., LL.B. of the Alberta Bar: April 1992
Updated by the Legal Editorial Staff of Carswell: June 2002
Cases up to and including:
[2002] C.C.L. Case Law Digests, No. 4
Legislation up to and including:
Canada Gazette No. 136-11, 02/05/22
Alberta Gazette No. 98-9, 02/05/15
British Columbia Gazette No. 45-5, 02/03/26
Manitoba Gazette No. 131-31, 02/05/25
Ontario Gazaeet No. 135-21, 02/05/25
Saskatchewan Gazette No. 98-20, 02/05/17
The following legislation is pending:
Alberta:
Justice Statutes Amendment Act, 1997, S.A. 1997, c. 13, s. 1(4)(a) (to be proclaimed - amends Domestic Relations Act).
Maintenance Enforcement Act, S.A. 1985, c. M-0.5, s. 39 (to be proclaimed - amends Domestic Relations Act).
Maintenance Enforcement Amendment Act, 1999, S.A. 1999, c. 25 (to be proclaimed).
Protection Against Family Violence Act, S.A. 1998, c. P-19.2, s. 15 (to be proclaimed - amends Maintenance Enforcement Act).
British Columbia:
Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127 (Supp.), s. 1(c) - to be proclaimed).
Limitation Act, R.S.B.C. 1996, c. 266 (Supp.), s. 2 (to be proclaimed).
Manitoba:
Justice Statutes Amendment Act, 1997, S.A. 1997, c. 13, s. 1(4)(a) (to be proclaimed - amends Domestic Relations Act).
Family Law (Property)
Prepared by Ann C. Wilton, B.A., M.A. (Oxon), LL.B. of MacDonald and Partners: August 2009
We gratefully acknowledge the contribution of Christine Dobby, B.A., LL.B.
Cases up to and including:
[2009] C.C.L. Case Law Digests, No. 8
Legislation up to and including:
Canada Gazette No. 143:15, 2009/07/15
Alberta Gazette No. 105:13, 2009/07/15
British Columbia Gazette No. 52:11, 2009/07/31
Manitoba Gazette No. 138:29, 2009/07/18
Ontario Gazette No. 142:30, 2009/07/25
Saskatchewan Gazette No. 105:30, 2009/07/24
Gifts
Prepared by Joan E. Dunlop, B.A., LL.B.: December 2003
Updated by the legal editorial staff of Thomson Carswell to: September 2006
Cases up to and including:
[2006] C.C.L. Case Law Digests No. 8
Legislation up to and including:
Canada Gazette No. 140:17, 2006/08/23
Alberta Gazette No. 102:15, 2006/08/15
British Columbia Gazette No. 49:12, 2006/06/20
Manitoba Gazette No. 135:32, 2006/08/12
Ontario Gazette No. 139:33, 2006/08/19
Saskatchewan Gazette No. 102:33, 2006/08/18
The following legislation is pending:
British Columbia:
Supplements Repeal Act, S.B.C. 2006, c. 33, s. 2(p) (repeals the Supplement to the Patients Property Act, which repeals the Patients Property Act but has not been proclaimed in force)
Income Tax Title
Prepared by Peter W. Hogg, Professor Emeritus, Osgoode Hall Law School, York University; Joanne E. Magee, Director, School of Public Policy and Administration, York University; Jinyan Li, Professor, Osgoode Hall Law School, York University: September 2007
The authors state the law as at September 2007, but later developments have been noted where possible.
Insurance
Prepared by Cassels Brock & Blackwell, Toronto and The Insurance Bureau Of Canada
Updated by Sandra J. MacPherson, B.A., LL.B. to: September 1998
Updated by the legal editorial staff of Carswell: June 2001
Cases up to and including:
[2001] C.C.L. Case Law Digests No. 1
Legislation up to and including:
Canada Gazette No. 134-53, 00/12/30
Alberta Gazette No. 96-23, 00/12/15
British Columbia Gazette No. 43-26, 00/12/29
Manitoba Gazette No. 129-52, 00/12/23
Ontario Gazette No. 133-53, 00/12/30
Saskatchewan Gazette No. 96-51, 00/12/22
The following legislation is pending:
British Columbia:
Company Act, S.B.C. 1999, c. 27 (to be proclaimed).
Mental Incompetency (Ontario)
Prepared by Richard D. Schneider, Ph.D., LL.B. of the Ontario Bar: March 1998
The author would like to acknowledge the assistance of Tanya Kranjc who did the updates of the caselaw and legislation.
Updated by the legal editorial staff of Carswell to: June 2006
Cases up to and including:
[2006] C.C.L. Case Law Digests, No. 5
Legislation up to and including:
Canada Gazette No. 140:9, 2006/05/03
Ontario Gazette No. 139:19, 2006/05/13
Mental Incompetency (Western)
Prepared by Allan R. Watson, B.A., LL.B., LL.M. of the British Columbia and Alberta Bars: September 2005
Updated by the legal editorial staff of Carswell: August 2009
Cases up to and including:
[2009] C.C.L. Case Law Digests No. 5
Legislation up to and including:
Canada Gazette No. 143:9, 2009/04/29
Alberta Gazette No. 105:8, 2009/04/30
British Columbia Gazette No. 52:5, 2009/03/10
Manitoba Gazette No. 138:16, 2009/04/18
Ontario Gazette No. 142:19, 2009/05/09
Saskatchewan Gazette No. 105:18, 2009/05/01
Perpetuities and Accumulations
Prepared by Elizabeth Portman, B.A., LL.B. of the Alberta Bar: February 1994
Updated by the legal editorial staff of Carswell: January 2010
Cases up to and including:
[2009] C.C.L. Case Law Digests, No. 11
Legislation up to and including:
Canada Gazette No. 143:22, 2009/10/28
Alberta Gazette No. 105:20, 2009/10/31
British Columbia Gazette No. 52:17, 2009/09/08
Manitoba Gazette No. 138:43, 2009/10/24
Ontario Gazette No. 142:45, 2009/11/07
Saskatchewan Gazette No. 105:45, 2009/11/06
Trusts
Prepared by Richard E. Levinson, LL.B. of the Ontario and New York Bars: July 1999
Updated by the legal editorial staff of Thomson Carswell to: September 2007
Cases up to and including:
[2007] C.C.L. Case Law Digests, No. 8
Legislation up to and including:
Canada Gazette No. 141-15, 2007/07/25
Alberta Gazette No. 103-14, 2007/07/31
British Columbia Gazette No. 50-12, 2007/06/19
Manitoba Gazette No. 136-31, 2007/08/04
Ontario Gazette No. 140-30, 2007/07/28
Saskatchewan Gazette No. 103-30, 2007/07/27
Wills
Prepared by Albert Kaprielian, LL.B., M.A. of the Ontario Bar: May 2000
Updated by the legal editorial staff of Carswell: October 2009
Cases up to and including:
[2009] C.C.L. Case Law Digests, No. 7
Legislation up to and including:
Canada Gazette No. 143:11, 2009/05/27
Alberta Gazette No. 105:10, 2009/05/30
British Columbia Gazette No. 52:8, 2009/04/21
Manitoba Gazette No. 138:21, 2009/05/23
Ontario Gazette No. 142:22, 2009/05/30
Saskatchewan Gazette No. 105:22, 2009/05/29
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