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Canadian property law, or property law in Canada, is the body of law concerning the rights of individuals over land, objects, and expression within Canada. It encompasses personal property , real property , and intellectual property .
Although property assessment originally came under the jurisdiction of Upper Canada, it was transferred to Ontario municipalities in 1849. Over time, each municipality developed its own assessment system and methods of valuing property. This resulted in inconsistencies in property assessment and the distribution of property taxes.
The Trespass to Property Act is a statute enacted by the Legislative Assembly of Ontario, Canada. It addresses illegal entry onto private property, or trespass to land . The current Act was amended most recently in 2016.
The other property torts extant in the common law provinces are: Conversion (law) – An intentional tort to personal property where the defendant's willful interference with the chattel deprives plaintiff of the possession of the same. Nuisance – Denial of quiet enjoyment to owners of real property. A private nuisance is an unreasonable ...
The process is considered in Canada to be time-consuming and expensive when conducted without limits. As a result, Rule 31.05.1 of the Ontario Rules of Civil Procedure has, since January 1, 2010, limited examinations for discovery to seven hours per party except with consent of the other parties or the leave of the court. [7]
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Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
In Canada, the rules of civil procedure are administered separately by each jurisdiction, both federal and provincial. Nine provinces and three territories in Canada are common law jurisdictions. One province, Quebec, is governed by civil law. [1] In all provinces and territories, there is an inferior and superior court. [1]