Mar 26, 2013 9:58 PM

The Dictionary of Canadian Law 4th-edition, DISPOSITION: 5. Includes the CONFERRING of a power of appointment and any provision whereby an interest in PROPERTY or a RIGHT, POWER or AUTHORITY over PROPERTY is disposed of, created or conferred and also includes a possibility of REVERTER or resulting TRUST, and a RIGHT OF RE-ENTRY on breach of a condition subsequent. Perpetuities Act, R.S.A. 2000, c. P-5, s.1

CONFER: Grant or bestow.

GRANT: v. To transfer; to sell; to DISPOSE of.

GRANT: n. 1. The strongest and widest word of GIFT and CONVEYANCE known to the law 2. The distinction to be drawn between a GRANT and a REBATE is this; the essence of a GRANT is the giving of a BENEFIT (i.e. BENEFIT WARRANT), including money, from a (Consolidated Revenue) FUND. The word REBATE on the other hand, refers to the RETURN (Income Tax REBATE?) of a portion of money actually paid. 3. any grant of Crown land, whether by letters patent under the Great Seal, a notification or any other INSTRUMENT whether in fee or for years, and whether direct from Her Majesty or by pursuant to any statute. 4. a RIGHT created or transferred by the Crown, for example the grant of a charter, franchise, patent or PENSION(ahem). 5. PUBLIC MONEY devoted to a special purpose. 6. (a) a grant of probate, (b) a resealed grant of probate or administration, (c) a grant of administration, or (d) a grant of letters of guardianship of the person or ESTATE, or both, of a minor.

REBATE: 1. the distinction to be drawn between a grant and a rebate is this. The essence of a grant is the giving of a BENEFIT, including money, from a FUND. The word "rebate," on the other hand, refers to the RETURN of a portion of money actually paid. 2. a discount; a deduction from a payment.

GRANTOR: a person who makes a grant.

GRANTEE: 1. a person to whom one makes a grant. 2. the person to whom real property is TRANSFERRED by DEED for VALUE or otherwise. 3. Includes the bargainee, assignee, transferee, mortgagee or other person to whom a Bill of Sale is made.

DEED: 1. a document signed, sealed, and delivered, through which an interest, property or RIGHT passes. 2. any instrument whereby real property is conveyed, transferred, assigned to or vested in any person. Real Property Transfer Act.

DEED OF CONVEYANCE: a mere transfer of title.

CONVEYANCE: 2. includes transfer, assignment, delivery over, appointment, lease, settlement, other assurance and covenant to surrender, payment, gift, grant, alienation, bargain, charge, in cumbrance, limitation of use or uses of in to or out of real property or personal property by writing or otherwise. 3. includes SHIPS, VESSELS, aircraft, trains, and motor and other vehicles.

FRAUDULENT CONVEYANCE: a conveyance which defrauds, delays or hinders CREDITORS and others. Toronto Dominion Bank v. Miller (1990)

CREDITOR: 1. a person to whom another person owes a debt. 2. a person entitled to the fulfillment of an obligation. 3. a person having a claim provable as a claim under this Act. Bankruptcy Act 4. For example, the court extended the meaning of the word creditor under the Ontario Act to include any claim against a dissolved corporation whether it be in debt or for unliquidated damages. The definition of CREDITOR was stretched to include a claimant who at the time the acts complained of occurred was unable to state the amount of the debt being claimed (BIRTH CERTIFICATE ?) 5. includes a SURETY or GUARANTOR for the debt due to the CREDITOR. Bankruptcy and Insolvency Act. 6. (i) in relation to a WRIT OF EXECUTION, any person entitled to enforce by execution the payment of any money payable pursuant to any judgment or ORDER that is enforceable by execution, and (ii) in relation to a distress, the person who has the power of distress. 7. the person or corporation entitled to receive the amount due on a judgment. 8. includes the person advancing money LENT and the assignee of any claim arising or SECURITY given in respect of money lent. Unconscionable Transactions acts.

REVERT: 1. to return. 2. To fall back into his estate. Carter v. Goldstein (1921)

POWER OF DISTRESS: the right that a person has to enforce the payment of any claim against, or the taking of any goods or chattels out of the possession of, another person by the taking of a personal chattel out of the possession of that last mentioned person otherwise than by the authority of a WRIT OF EXECUTION or other process of a similar nature.

BENEFIT: 1. something that is a favourable or helpful circumstance. To provide LEGAL REPRESENTATION under a contingent fee agreement to a client who is unable to pay for legal services is clearly to confer a benefit on the client. 2. a PENSION; a monetary amount paid under a pension or other plan. 3. a drug or other good or service that is supplied to an eligible person. 4. Compensation or an indemnity paid in money, financial assistance or services. 5. a material acquisition which confers an economic benefit on the taxpayer and does NOT constitute an exemption, i.e. loan or gift. 6. the positive effect of one thing on another, the advantage one thing confers on another. 7. must mean that the individual receiving it ultimately receives a net transfer of resources without expectation for repayment.