| PARLIAMENT............8 | |
| Parliament may have jurisdiction over certain private law matters and may set out its own | 24 |
| statute of the Parliament of Canada and the civil law if it is necessary to resort to an external | 48 |
| source in order to apply a federal statute. The Parliament of Canada may enact private law | 50 |
| Fifthly, the Parliament of Canada may derogate from the civil law when it legislates on a | 54 |
| achieve a unified effect. Quite plainly, the federal Parliament has chosen the model of | 90 |
| common law interpretation as a better reflection of Parliament s intent. | 338 |
| and their civil rights are in dispute and have not been defined by Parliament , it is the private law | 532 |
| from those of Parliament , is a principal justification for federalism. If uniformity was our | 984 |
| PART..................6 | |
| and concepts the legislator avoids, in whole or in part , references to and potential differences in | 378 |
| Act, . Its Part I contains a few harmonization adjustments whereas its Part II pertains | 438 |
| Act, . Its Part I contains a few harmonization adjustments whereas its Part II pertains | 438 |
| forming part of the law of property and civil rights, reference must be made to the rules, | 486 |
| I do not think there can be any doubt that this part of the Act, which refers to succession | 538 |
| Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, , being | 870 |
| PARTIALLY.............1 | |
| Currently, federal legislation covers only partially the four Canadian legal audiences. Anne | 330 |
| PARTICIPATE...........1 | |
| Students are also invited annually to participate in harmonization research. Projects are | 610 |
| PARTICULARLY..........1 | |
| challenge on the structure and interpretation of Canadian legislation (and particularly tax | 110 |
| PARTIES...............2 | |
| three parties : the settlor, the beneficiary and the trustee. The following definition of the concept | 246 |
| photographs taken by the parties ; if it is not so established, the lessee is presumed to have | 850 |
| PARTNER...............2 | |
| definitions in federal legislation like that of child or common law partner . Overall, however, | 148 |
| common law partner provided in the I.T.A. offer good examples. By defining its own rules | 378 |
| PARTNERSHIP...........1 | |
| from provincial private law include such matters as the concepts of ownership, partnership , | 28 |
| PARTNERSHIPS..........1 | |
| common law partnerships , the concepts of right and interest, the concepts of business, | 606 |
| PARTY.................1 | |
| hands of a third party in certain circumstances: the beneficiary is allowed to trace the trust | 256 |
| PATRIMONIAL...........1 | |
| regulatory law and commercial law. Considering that tax legislation has major patrimonial | 328 |
| PATRIMONY.............7 | |
| property. The trust became an autonomous patrimony . Once the settlor has transferred | 268 |
| property from his patrimony to another patrimony constituted by him which he appropriates to a | 804 |
| property from his patrimony to another patrimony constituted by him which he appropriates to a | 804 |
| Article CCQ: The trust patrimony , consisting of the property transferred in trust, | 806 |
| constitutes a patrimony by appropriation, autonomous and distinct from that of the settlor, | 808 |
| A trustee has the control and the exclusive administration of the trust patrimony , and the titles | 810 |
| all the rights pertaining to the patrimony and may take any proper measure to secure its | 812 |
| PAY...................4 | |
| The Treasury Board refused to pay , on account of the common law rule of public policy that | 514 |
| to pay her the amounts claimed. The Trial Division decided that under the civil law of | 518 |
| equitable distribution of tax burdens and tax benefits in light of a taxpayers ability to pay and | 624 |
| Article CCQ: The lessee is bound to pay the agreed rent and to use the property with | 842 |
| PAYMENT...............2 | |
| payment of the rent. He has no real right on the property, only a right of claim. Upon | 298 |
| according to the constituting act, either the provision of a benefit granted to him or the payment | 818 |
| PAYMENTS..............1 | |
| certain rights to require benefits or payments . | 274 |
| PEACEABLE.............1 | |
| respects and to provide him with peaceable enjoyment of the property throughout the term of | 836 |
| PEACEFUL..............1 | |
| the right to peaceful enjoyment of the premises throughout the term of the lease in exchange for | 296 |
| PECULIAR..............1 | |
| whose very concepts were unique or peculiar to the common law; at times it used terms that | 336 |
| PEOPLE................1 | |
| people to hold concurrently a common law title and an equitable title (beneficial ownership) for | 224 |
| PERCENTAGE............1 | |
| Apportionment (in percentage ) of Political Entities according to their Legal System, | 726 |
| PERFECTLY.............1 | |
| property. The rules pertaining to the lease are perfectly integrated with the civil law | 294 |
| PERIOD................2 | |
| view, a lease is defined as a document creating an interest in land for a fixed period of | 280 |
| retaining the seisin, conveys possession of the land to a tenant for a given period of time. The | 284 |
| PERIODS...............1 | |
| and on time limitation periods . | 612 |
| PERMITTED.............1 | |
| other lawful purposes within the limits permitted by law; he may also deliver over his property | 780 |
| PERSON................4 | |
| A trust is an equitable obligation binding a person (who is called a trustee) to deal with property | 248 |
| Article CCQ: A trust results from an act whereby a person , the settlor, transfers | 804 |
| lease is a contract by which a person , the lessor, undertakes to provide another person, the | 830 |
| lease is a contract by which a person, the lessor, undertakes to provide another person , the | 830 |
| PERSONAL..............15 | |
| personal property. The rules pertaining to the classification of property owe their origin, as | 196 |
| real property. The personal action was originally one for which only damages could be | 202 |
| awarded. Personal property eventually became the label ascribed to the property subject to | 202 |
| nevertheless considered as a personal property. | 204 |
| on the other hand, ones analysis will depend on whether the property is personal or real. One | 212 |
| can own personal property in a manner much similar to the civil law conception of property | 212 |
| property to the mortgagee (creditor). In all common law provinces, if personal property is | 304 |
| initially applied to cases of any death or personal injury. Paragraph (a) was amended by the | 576 |
| proceedings that relate to any death or personal or bodily injury. | 578 |
| Mr. Schreiber argued that adding bodily injury to death or personal injury had broadened | 578 |
| referred to damage to the human body and personal injury to all other forms of damage such | 580 |
| Personal property is not subject to the doctrines of estates and tenures and are thus | 756 |
| Originally, a lessee could only obtain damages under a personal action further to an eviction | 820 |
| by the lessor. The lease was thus classified as personal property. Over time, it could no longer | 820 |
| Personal Property, rd Edition (Toronto, ON: R.M. Willes Chitty) ; Sands v. Standard Ins. | 864 |
| PERSONS...............6 | |
| liability or any other private law matter that involves the relations between persons . This means | 30 |
| persons living with him or his dependants. On the other hand, the modes of ownership are | 234 |
| limited by the fact that two or more persons detain the same right of ownership. Moreover, a | 238 |
| over which he has the control for the benefit of persons (the beneficiaries), of whom he may | 250 |
| persons affected. In some ways the circle is closed and we come back to the point of | 530 |
| departure, in section VIII of The Quebec Act, : when these affected persons are litigants | 530 |
| PERSPECTIVE...........6 | |
| Viewed from a drafting perspective , Canadian bijuralism appears to impose a tremendous | 108 |
| Indeed bijuralism viewed from an international perspective expands considerably our legal | 118 |
| perspective (undesirable asymmetry). In keeping with the principle of complementarity these | 158 |
| licence (property law perspective ) as used in the Excise Tax Act. | 608 |
| ownership from a common law perspective whereas Me Mark Brender focuses on the use of | 616 |
| Canada, Legal Perspective of the New Millennium International Meeting of Francophone | 708 |
| PERTAIN...............2 | |
| pertain not to the question of ownership of land but to the length of time of the possession | 218 |
| of Canada in Schreiber v. Canada. Although the case does not pertain to taxation, we | 568 |
| PERTAINED.............1 | |
| been published, pertained to the following subjects: a comparative study of the civil law and | 606 |
| PERTAINING............8 | |
| to give rise to many questions for tax law purposes including the questions pertaining to the | 186 |
| acquisition and disposition of property. Listing the characteristics pertaining to the nature and | 188 |
| personal property. The rules pertaining to the classification of property owe their origin, as | 196 |
| Property under civil law is thus qualified pertaining to its nature whereas it is the form of action | 206 |
| property. The rules pertaining to the lease are perfectly integrated with the civil law | 294 |
| A number of research projects on various issues pertaining to Canadian bijuralism in the tax field | 604 |
| all the rights pertaining to the patrimony and may take any proper measure to secure its | 812 |
| This portion of the article pertaining to the mortgagehypothec was written by Me Joseph | 852 |
| PERTAINS..............1 | |
| Act, . Its Part I contains a few harmonization adjustments whereas its Part II pertains | 438 |
| PHOTOGRAPHS...........1 | |
| photographs taken by the parties; if it is not so established, the lessee is presumed to have | 850 |
| PHYSICAL..............1 | |
| superficies is characterized by the fact that it results in the physical division of the subject matter | 240 |
| PIECE.................1 | |
| have interests (or estates) in the same piece of land. The tenant has a possessory interest (or | 290 |