Who's The Rightful Owner?

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Who's The Rightful Owner?: Burden of Proof in Property Law

When two parties claim rights to the same properties, what is the burden of proof required? Rabbi Shanowitz presents the Talmudic law followed by Justice Fraiberg who presents the secular approach.

Topics:

Lawyers, Law; Jurisprudence

Justice Fraiberg sits on the Quebec Superior Court since 1999. He has an illustrious academic record, graduating with honours from several disciplines. He worked for many years at Phillip and Vineberg, and was at partner at Mendelsohn, now known as Mcmillan. He served as general counsel for the St. Mary’s hospital and as lecturer at McGill University Law school.

Rabbi Yossi Shanowitz is director and spiritual leader of Chabad of Westmount. A Talmudic scholar and lecturer, he received his rabbinic ordination from the Central Lubavitch Yeshiva in Brooklyn, New York.

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Mary Curwin staten island September 17, 2019

My husband died suddenly in 2002. Leaving behind a property that his father had purchased to secure his and his brothers future ! The property was also where my husband ran a 2 Story Hallmark Business since 1992. In August 2012, unbeknownst to me, my brother in law sold the property for $12 million. Now before the purchase, paperwork was drawn up, Stating in the event of a separation, or divorce between my husband and I . That I would be entitled to 50% of my husbands 50% . But he died on Sept 8 2002 and we were still married. And his brother took the entire profile of the sale ! And never even told me that he sold it!! I must still be entitled to Half of The entire Sale ! Reply

Anonymous toronto July 18, 2014

cow and calf A cow cannot be separated from a calf, so whoever owns the cow irrespective of whether the calf was paid for, will own both. Reply

Burden of Proof in Property Law