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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. The laws vary between local municipal levels, up to provincial and then a countrywide federal level of government.
Canadian courts in both Québec and the common law provinces will typically enforce a choice of law clause contained in a contract. The Canadian position for autonomy for choice of law negotiations was established in Vita Food Products Inc. v Unus Shipping Co “the proper law of the contract ‘is the law which parties intended to apply". When ...
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
The fundamental constitutional protection framed by s. 125 cannot depend on subtle nuances of form. [9]: p.1078 Therefore, its prohibition covers taxation on the holding, as well as the acquisition and disposal, of property. In addition: the provision also extends to property held by Crown corporations, [10] and
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The Personal Property Security Act ("PPSA") is the name given to each of the statutes passed by all common law provinces, as well as the territories, of Canada that regulate the creation and registration of security interests in all personal property within their respective jurisdictions.
Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. Note that "civil rights" in this context does not refer to civil rights in the more modern sense of political liberties. Rather, it refers to private rights enforceable through civil courts.
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 ...