In Canada, money laundering has been an offence since 1989. Section 462.31(1) of the Criminal Code provides:

This is the editor's conclusion to a collection of six texts on trusts in civilian and mixed jurisdictions, arising out of a series of Civil Law Workshops held at the Quebec Research Centre of Private and Comparative Law during 2008-9

One of the most remarked-upon achievements of the first Restatement of the Law of Restitution was the consolidation into a single treatment of all of the law that concerned the Reporters, whether it came from common law or Equity. In the Restatement (Third) of Restitution and Unjust Enrichment,...

The goal of this paper is to clarify the principles governing the measurement of compensation claims against trustees and other fiduciaries. The author shows that not every money claim against a fiduciary is a claim for a loss suffered; some claims are claims to enforce the primary obligations of...

Sometimes trustees regret a decision they have made regarding trust assets, often because it has unforeseen taxation implications. This paper explores the legal techniques that may be available for undoing such a decision. This includes a discussion of the nature and limits of rectification,...

The French jurist Pierre Lepaulle argued that the common law trust could be best understood, in civilian terms, as a patrimony by appropriation. This argument has been influential in some civilian receptions of the trust. In fact, Lepaulle misunderstood the nature of the common law trust, which...

Despite the common belief that they are found only in the common law tradition, trusts have long been known in certain mixed jurisdictions that have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other...

Common law doctrine states that although there are many similarities, the estate of a deceased person is not a trust. The doctrine is unclear, however, as to exactly what are the differences, or why they exist. This paper begins by explaining the conceptual differences between a common law...

One of the many current controversies around fiduciary obligations is whether the duty of care and skill owed by a fiduciary is properly called a fiduciary duty. Another is what is the content of the fiduciary duty of good faith, and whether it stands apart from the duty of loyalty, or rather is...

French Abstract: Le droit connait plusieurs contextes dans lesquels une personne détient des pouvoirs juridiques, tout en n’étant pas habilitée à les utiliser pour son propre bénéfice. Ces situations existent en droit privé (par exemple, le fiduciaire ou l’administrateur du bien...