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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: May 2005
Cases up to and including:
[2005] C.C.L. Case Law Digests, No. 3
Legislation up to and including:
Canada Gazette No. 139-6, 2005/03/23
Ontario Gazette No. 138-14, 2005/04/02
The following legislation is pending:
Ontario:
Consumer Protection Statute Law Amendment Act, 2002, S.O. 2002, c. 30, Schedule E, s. 1 (repeals Business Practices Act, R.S.O. 1990, c. B.18).
Expanded Nursing Services for Patients Act, 1997, S.O. 1997, c. 9, s. 7(2) (amends Vital Statistics Act, R.S.O. 1990, c. V.4 as amended by Statute Law Amendment Act (Government Management and Services), 1994, s. 102(17).
Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33 (repeals Cemeteries Act (Revised); amends and repeals Funeral Directors and Establishments Act; amends Assessment Act and Coroners Act).
Government Efficiency Act, 2002, S.O. 2002, c. 18, Schedule E, s. 10(5) (amends Vital Statistics Act as amended by Statute Law Amendment Act (Government Management and Services), 1994, s. 102(15)).
Human Tissue Gift Amendment Act (Trillium Gift of Life Network), 2000, S.O. 2000, c. 39, s. 4 (amends Trillium Gift of Life Network Act [formerly Human Tissue Gift Act], R.S.O. 1990, c. H.20).
Ministry of Consumer and Business Services Statute Law Amendment Act, 2004, S.O. 2004, c. 19 (amends Cemeteries Act(Revised), R.S.O. 1990, c. C.4).
Statute Law Amendment Act (Government Management and Services), 1994, S.O. 1994, c. 27, s. 102(15), (17)-(19) (amends Vital Statistics Act, R.S.O. 1990, c. V.4).
Vital Statistics Statute Law Amendment Act (Security of Documents), 2001, S.O. 2001, c. 21, s. 4 (amends Vital Statistics Act), s. 16 (amends Vital Statistics Act as amended by Statute Law Amendment Act (Government Management and Services), 1994, s. 102(17)).

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: November 2005
Cases up to and including:
[2005] C.C.L. Case Law Digests, No. 9
Legislation up to and including:
Canada Gazette, No. 139-21, 2005/10/19
Ontario Gazette, No. 138-44, 2005/10/29
The following legislation is pending:
Ontario:
Budget Measures Act (Fall), 2004, S.O. 2004, c. 31, Schedule 38, s. 2(2) (amends Family Law Act).

 

Devolution of Estates (Western)
Prepared by Maria Ruberto, B.A., LL.B. of the Ontario Bar: July 2005

Cases up to and including:
[2005] C.C.L. Case Law Digests, No. 4
Legislation up to and including:
Canada Gazette, No. 139-11, 2005/06/01
Alberta Gazette No. 101-10, 2005/05/31
British Columbia Gazette No. 48-9, 2005/05/03
Manitoba Gazette No. 134-22, 2005/05/28
Saskatchewan Gazette No. 101-21, 2005/05/27

 

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 Thomson Carswell Product Writers: December 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
Ontario Gazette No. 140-48, 2007/12/01
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: August 2005
Cases up to and including:
[2005] C.C.L. Case Law Digests, No. 5
Legislation up to and including:
Canada Gazette No. 139-12, 2005/06/15
Alberta Gazette No. 101-12, 2005/06/30
British Columbia Gazette No. 48-11, 2005/05/31
Manitoba Gazette No. 134-27, 2005/07/12
Saskatchewan Gazette No. 101-24, 2005/06/17
The following legislation is pending:
British Columbia:
Insurance (Motor Vehicle) Amendment Act, 2003, S.B.C. 2003, c. 94, s. 47 (to be proclaimed - amends Estate Administration Act).

 

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) (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 (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).

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
Prepared by Peter W. Hogg, Professor Emeritus, Osgoode Hall Law School, York University, Scholar in Residence, Blake, Cassels & Graydon LLP, Toronto, Joanne E. Magee, Associate Professor, Atkinson Faculty of Liberal and Professional Studies, York University, Toronto, and Jinyan Li, Associate Professor, Osgoode Hall Law School, York University, Toronto: June 2005

The authors state the law as at June 2005.

 

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

Cases up to and including:
[2005] C.C.L. Case Law Digests No. 8
Legislation up to and including:
Canada Gazette No. 139:17, 2005/08/24
Alberta Gazette No. 101:15, 2005/08/15
British Columbia Gazette No. 48:15, 2005/07/26
Manitoba Gazette No. 134:33, 2005/08/13
Saskatchewan Gazette No. 101:33, 2005/08/19

 

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 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. 140:10, 2006/05/17
Alberta Gazette No. 102:9, 2006/05/15
British Columbia Gazette No. 49:7, 2006/04/11
Manitoba Gazette No. 135:19, 2006/05/13
Ontario Gazette No. 139:20, 2006/05/20
Saskatchewan Gazette No. 102:20, 2006/05/19

 

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 to: June 2007

Cases up to and including:

[2007] C.C.L. Case Law Digests, No. 5

Legislation up to and including:

Canada Gazette No. 141:8, 2007/04/18

Alberta Gazette No. 103:7, 2007/04/14

British Columbia Gazette No. 50:6, 2007/03/27

Manitoba Gazette No. 136:14, 2007/04/07

Ontario Gazette No. 140:16, 2007/04/21

Saskatchewan Gazette No. 103:16, 2007/04/20