Taking Indigenous Property Rights Seriously
September 27, 2021 By Brian Babcock Courts typically make injunctions to protect property rights available more easily than injunctions in other situations, such as breach of contract, or labour disputes, because “property rights are sacrosanct”. A different attitude appears to apply when it comes to efforts by First Nations or Indigenous groups to protect traditional […]
Who are Your “Friends”? Certainty in Estate Planning
September 27, 2021 By Brian Babcock A valid trust requires what are called the “three certainties” – certainty of intention to create a trust, certainty of subject matter (what property is in the trust?), and certainty of objects (who are the beneficiaries?). This applies to most gifts in wills, where the property is usually transferred […]