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Full-Text Articles in Law
A Relational Approach To Property, Jennifer Nedelsky
A Relational Approach To Property, Jennifer Nedelsky
Articles & Book Chapters
No abstract provided.
Notes From The Periphery: Finding More Than (Non)Ownership In Property Law?, Estair Van Wagner
Notes From The Periphery: Finding More Than (Non)Ownership In Property Law?, Estair Van Wagner
Articles & Book Chapters
Property law structures the way we make decisions about how we live together and with the world around us. In doing so, it shapes, but is also shaped by, our relationships with the places we inhabit and encounter. Traditionally, non-owners are defined by their distance and exclusion from the primary legal relationship and their lack of enforceable interests. Yet, land use conflicts continue to arise because people routinely assert relationships with land and resources that they are not formally recognised as owning but with which they are deeply entangled. This chapter touches briefly on three examples: the relations of Indigenous …
A Colonial Castle: Defence Of Property In R V Stanley, Alexandra Flynn, Estair Van Wagner
A Colonial Castle: Defence Of Property In R V Stanley, Alexandra Flynn, Estair Van Wagner
Articles & Book Chapters
In 2016, Gerald Stanley shot 22-year-old Colten Boushie in the back of the head after Boushie and his friends entered Stanley’s farm. Boushie died instantly. Stanley relied on a hangfire defence, rooted in the defence of accident, and was found not guilty by an all-white jury. Throughout the trial, Stanley invoked concerns about trespass and rural crime (particularly property crime) that raised much evidence of limited relevance to whether or not the shooting was an accident. We argue that the assertions of trespass, without formerly raising the defence of property or trespass, shaped the trial by providing a racist, anti-Indigenous-tinged …
Book Review: Angela Fernandez, Pierson V. Post, The Hunt For The Fox: Law And Professionalization In American Legal Culture, Jennifer Nadler
Book Review: Angela Fernandez, Pierson V. Post, The Hunt For The Fox: Law And Professionalization In American Legal Culture, Jennifer Nadler
Articles & Book Chapters
No abstract provided.
Attacks On Your Reputation: Potential Responses, Trevor C. W. Farrow
Attacks On Your Reputation: Potential Responses, Trevor C. W. Farrow
Articles & Book Chapters
This article describes the law of defamation, with advice to realtors who have been the subject of defamatory statements what recourse is available to them.
Reputation: A Vital Asset For Real Estate Practitioners, Trevor C. W. Farrow
Reputation: A Vital Asset For Real Estate Practitioners, Trevor C. W. Farrow
Articles & Book Chapters
This article describes the law of defamation, with advice to realtors on how to avoid defaming others.
The Legal Basis Of Aboriginal Title, Brian Slattery
The Legal Basis Of Aboriginal Title, Brian Slattery
Articles & Book Chapters
This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.
Possession And Title To Land In English Law, Kent Mcneil
Possession And Title To Land In English Law, Kent Mcneil
Articles & Book Chapters
The common law relating to land relies heavily on possession as a source of title and proprietary rights. Even a trespasser who wrongfully takes possession of land acquires a title to it that is good against anyone who cannot prove he or she has a better title. This is due in part to the rule that title is presumed from possession, but in addition it relies upon the incapacity of an outside claimant to rely on a jus tertii. In other words, the claimant is barred from pointing to a third party’s title under which he or she does not …
The Crown’S Title To Lands In England, Kent Mcneil
The Crown’S Title To Lands In England, Kent Mcneil
Articles & Book Chapters
A fundamental principle of the common law, stemming from the doctrine of tenures, provides that the Crown has the underlying or radical title to all land within its common law dominions. Private persons and corporations do not “own” land; instead, they hold estates in land that are presumed to be derived from Crown grants. This common law edifice is built on the legal fiction that the Crown once possessed and therefore owned all the lands in England. As this is known to be a fiction, all it does is give the Crown its underlying title and thus a right to …
The Constitutional Guarantee Of Aboriginal And Treaty Rights, Brian Slattery
The Constitutional Guarantee Of Aboriginal And Treaty Rights, Brian Slattery
Articles & Book Chapters
This paper proposes a workable framework for the application of the constitutional provisions dealing with Aboriginal and treaty rights in Canada.
Authority For Sale And Privity Of Contract: The Proprietary Basis Of The Right To The Proceeds Of Sale In The Common Law, Benjamin Geva
Authority For Sale And Privity Of Contract: The Proprietary Basis Of The Right To The Proceeds Of Sale In The Common Law, Benjamin Geva
Articles & Book Chapters
Upon an authorized sale of goods, the owner's ability to recover the price from the buyer can be explained either by his property in the goods or by a contractual relationship. This article deals with the right to recover the price in the context of an historical and theoretical analysis of the right to the proceeds of a sale at common law. It is suggested that property is the basis of this right, rather than a contractual nexus. Part I presents the sale of goods by an agent of an undisclosed principal as a model situation in which the right …
The Polish Art Treasures In Canada, 1940-60, Sharon A. Williams
The Polish Art Treasures In Canada, 1940-60, Sharon A. Williams
Articles & Book Chapters
The case of the Polish art treasures in Canada presents two important issues: the question of immunity of a foreign state's public movable property and the question of state responsibility for such property.