Canadian Law Dictionary.
A person to whom a landlord grants temporary and exclusive use of land or a part of a building, usually in exchange for rent.
Similar to joints tenants. All tenants in common share equal property rights except that, upon the death of a tenant in common, that share does not go to the surviving tenants but is transferred to the estate of the deceased tenant. Unity of possession but distinct titles.
An unconditional offer of a party to a contract to perform their part of the bargain. For example, if the contract is a loan contract, a tender would be an act of the debtor where he produces the amount owing and offers to the creditor. In real property law, when a party suspects that the other may be preparing to renege, he or she can write a tender in which they unequivocally re-assert their intention to respect the contract and tender their end of the bargain; either by paying the purchase or delivering the title.
Bankruptcy: The process whereby a trustee in bankruptcy offers goods for sale with the offers to be opened and considered by a certain date.
A right of holding or occupying land or a position for a certain amount of time. The term was first used in the English feudal land system, whereby all land belonged to the king but was lent out to lords for a certain period of time; the lord never owning, but having tenure in the land. Used in modern law mostly to refer to a position a person occupies such as in the expression "a judge holds tenure for life and on good behavior."
A trust which is to take effect only upon the death of the settlor and is commonly found as part of a will. Trusts which take effect during the life of the settlor are called inter vivos trusts.
A person who dies with a valid will.
The verbal presentation of a witness in a judicial proceeding.
A land registration system invented by Robert Torrens and in which the government is the keeper of the master record of all land and their owners. In the Torrens system, a land title certificate suffices to show full, valid and indefeasible title. Used in Australia and several Canadian provinces.
Derived from the Latin word tortus which meant wrong. In French, "tort" means a wrong". Tort refers to that body of the law which will allow an injured person to obtain compensation from the person who caused the injury.
Name given to a person or persons who have committed a tort.
A legal proceeding taken under the law of equity where the plaintiff attempts to reclaim specific property, through the court, whether the property is still in the first acquirer's hands or it has passed onto others, and even if the property has been converted.
Either a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services.
A person who receives property being transferred.
A person who transfers property.
Unlawful interference with another's person, property or rights. Theoretically, all torts are trespasses.
An old English and common law legal proceeding against a person who had found someone else's property and has converted that property to their own purposes.
Property given by a person called the donor or settlor, to a trustee, for the benefit of another person (the beneficiary or donee).
The person who holds property rights for the benefit of another through the legal mechanism of the trust.
Bankruptcy: The person under the Bankruptcy and Insolvency Act who administers bankruptcy and proposal estates. Often referred to as a trustee in bankruptcy.
A trustee "of his own wrong"; a person who is not a regularly appointed trustee but because of his or her intermeddling with the trust and the exercise of some control over the trust property, can be held by a court as "constructive" trustee which entails liability for losses to the trust.