Private Law Theory

ABSTRACT
The article surveys the rule against perpetuities in Canada and its recent application by the Court of Appeal for Ontario in Ottawa (City) v ClubLink Corporation ULC. The application of the rule across Canada is a complex patchwork as the traditional common law rule has been modified or abolished by statute in many jurisdictions. The article summarizes the approaches that have been taken in the various Canadian provinces. The article concludes that the decision in ClubLink provides helpful clarity on determining whether an interest in land has been created and when the rule against perpetuities applies.

Trevor Courtis, One Rule, Less Golf: Clublink And The Rule Against Perpetuities, Canadian Bar Review, volume 100, no 2 (2022). Published 29 September 2022.