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Property Roots: Sources of Canadian Property Law

Professor Annette Carla Bouzi's Property Relationships course at Algonquin College
by

Annette Carla Bouzi

on 21 September 2015

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Transcript of Property Roots: Sources of Canadian Property Law

Religion, Social&Political Philosophy
Legislator
Customs
Morality
Religion
Legislator
Common Law
Think
Customs
Beach access
Squatter's Rights
An unwritten law or right, established through long use.
Morality
Acts enacted by elected representatives.
Common Law
Where do laws come from?
The Property Tree
Prof. Annette Carla Bouzi
LAW 2211P
Property Relationships
Property Roots:
Sources of Canadian Property Law
Where are principles
of property law rooted?
Dukelow, Daphne A., ed. The Dictionary of Canadian Law, 3d ed. (Scarborough, Ont.: Thomson Carswell, 2011)
adverse possession
Moral obligation: "[Considering one-self] ... compelled to [do something] by what [one] thought was the right thing to do."
Dukelow, Daphne A., ed. The Dictionary of Canadian Law, 3d ed. (Scarborough, Ont.: Thomson Carswell, 2011)
constitution
supreme law of the land
statute law
made by the legislator
statutes and regulations
common law
judge-made
Married women can own property in Canada, but they cannot sell it. Sale of the property requires the agreement of the woman and her husband.
1859
The Married Women’s Property Act of Ontario gives a married woman the right to her own wage earnings free from her husband’s control.
1872
Personal Property and Security Act
Land Titles Act
Municipal Act
Judge-made law, precedents
stare decisis: to stand by the decision
Full transcript