Canadian law sometimes allows gain-based remedies for certain wrongful acts. There is a strong suggestion that gain-based remedies are available in the common law provinces for torts and perhaps breaches of contract, but the courts have been hesitant. Common law provinces have also been willing...

The Quebec trust, which forms part of a civilian conception of the way that rights are held in private law, has a very different conceptual structure from the common law trust. This article examines whether the Quebec law of trusts can permit specific claims to the traceable proceeds of trust...

Will-substitutes are legal techniques that allow the disposition of property on death outside of the deceased's estate. Such techniques, by reducing the assets in the estate, have the potential to harm the interests of creditors of the estate. This paper aims to identify some of the ways in...

This paper explores the ways in which Canadian legal orders address the tension between freedom of testation and the claims of the family of the deceased.The province of Quebec has a civilian law of succession, while the common law governs in the other provinces and in the territories. Under...