Facts Fall 2017

Question 1

Victoria Park

Answer 1

Angles stood on a platform next door and announced the race information over the phone and it was broadcasted over the radio. It affected business for the racecourse.

Question 2

INS v AP

Answer 2

INS took news stories from AP and would telegraph them to West coast and publish them. Took advantage of time zone. Both in the news gathering business & competitors.

Question 3

R v Stewart

Answer 3

Stewart hired to obtain employee information from hotel. Offered a security guard money in exchange for information, clarified no physical documents to leave building

Question 4

Moore v Regents

Answer 4

Cells were being sold and used for scientific development without consent or knowledge. Tricked into making regular visits, had to fly in. All parties involved made lots of money. Sued for conversion.

Question 5

JCM v ANA

Answer 5

Lesbian couple had purchased sperm straws. Upon separation one wanted to use remainder with new partner, the other wanted to prevent this.

Question 6

Saulnier v Royal Bank

Answer 6

Saulnier went bankrupt –everything owned goes to trustee (take assets and pay who is owed). Crown & secured creditors get paid first, unsecured creditors get paid after. License needs to be property for bank to get what is owed.

Question 7

Harrison v Carswell

Answer 7

Carswell picketing on mall property. Harrison asked her to leave, but she came back several times. Harrison charged Carswell under Petty Trespass Act of Manitoba

Question 8

Committee for the Commonwealth v Canada

Answer 8

The Committee (plaintiff) wished to distribute pamphlets about its organization at the Montreal airport at Dorval. The airport authorities prevented Committee members from doing so on the basis of federal regulations that expressly prohibited advertising or solicitation in the airport. The plaintiff initiated an action pursuant to s 2(b) of the Charter (protection for freedom of expression)

Question 9

Pierson v Post

Answer 9

Hunting for foxes, Pierson comes out of nowhere and shoots the fox Post was aiming for. Post sues saying it was his fox.

Question 10

Young v Hitchens

Answer 10

Plaintiff is trying to gather the fish to put a close net on them, their freedom was fairly limited. Defendant arrives and puts the close net on the fish.

Question 11

Tubantia

Answer 11

Sunken ship holding 2 million $ worth of possessions. P came back in April and started to drill holes in the boat and take possessions out. D interfered in July. P sought an injunction.

Question 12

Perry v Gregory

Answer 12

Perry and Gregory, metal detecting. P picks a signal, digs hole ¾ of way, and asks G for assistance. G digs hole rest of way, picks up belt plate, gives it to P.
-10 months later, G sues P for possession of belt plate.

Question 13

Armory v Delamire

Answer 13

Plaintiff (chimney sweeper) found a jewel and carried it to the defendant’s shop (goldsmith) to know what it was. Given to the apprentice to weigh the item, the apprentice took out the stones and telling the master it came out to three halfpence. Plaintiff refused the money and insisted to get the item back- it was returned without the stones.

Question 14

Bridges v Hawkesworth

Answer 14

Plaintiff found a small parcel in the defendant’s shopPlaintiff told the defendant (shopman) that he found the parcel of banknotes and requested the defendant to keep them to deliver them to the true owner. No one claimed them, defendant refused to give them back.

Question 15

Elwes v Brigg Gas Company

Answer 15

Upon excavation of clay for the purposes of erecting a gasholder in the demised land, an ancient prehistoric boat was discovered. Plaintiff tried to claim possession of the boat. The defendant declined to comply with the plaintiff’s order of possession, claiming the boat belonged to him

Question 16

South Staffordshire Water Company

Answer 16

Plaintiffs hired Defendants to clean a pool situated on Plaintiff’s land, within which, during the cleaning, Defendants found two gold rings and thereafter refused to give the rings to Plaintiffs.

Question 17

Hannah v Peel

Answer 17

-Peel (D) bought a home but never moved in. In 1940, during World War II, D’s home was used by the military. Hannah (P) worked for military and lived in house. P found a brooch “loose” in a crevice in a remote room of the house & gave it to Police. Police returned brooch to D (owner of the home) who then sold it. P sues D for value of brooch.

Question 18

London Corporation v Appleyard

Answer 18

-City of London (P) owns a home and hires construction workers (Appleyard), who find safe in a wall they were cutting down. Handed over to police. Police ask courts to determine who is entitled to possession.

Question 19

Grafstein v Homes and Freeman

Answer 19

Employees find a box and bring it to the employer “look what we found”. Told them to put it on a non-public part of a shelf. Employees want to claim the money they found in the box once they break it open. Employees were not working in the course of their lunchbreak but they found in favour of the employer anyways (South Staffordshire) telling them to put it on a shelf, manifest intention to take control over the box.

Question 20

Parker v British Airways Board

Answer 20

Plaintiff found a bracelet on the floor in a lounge of an airport. He turned in over to the defendant to find the true owner. No true owner was found. Rather than returning the bracelet to the plaintiff, the defendant sold it and kept the proceeds

Question 21

Keron v Cashman

Answer 21

Crawford found a stocking and used it as a play thing. It is unclear if he threw it away or if it was snatched by Cashman, but Cashman and others began using it as a “play thing”. The stocking burst open and there had been $775 in it.

Question 22

Edmonds v Ronella

Answer 22

Two boys found a large sum of cash in a garbage can. An older girl came to assist the two boys and took it back to her parents’ place and called the police. The police gave her a receipt as the “sole” finder of the money.

Question 23

Popov v Hayashi

Answer 23

Popov caught Bond’s 73rd homerun ball, but merely stopped its velocity but did not secure it in his possession. An out of control mob engulfed Popov. Hayashi was taken to the ground by momentum but grabbed the loose ball and stood up with it, maintaining its possession. Popov tried to get it back but was unsuccessful.

Question 24

Bird v Fort Francis

Answer 24

The plaintiff found money and handed it over to his mother who hid it. After being questioned by a police officer, the officer took the money without a warrant. Failing to find the “true owner” he turned it in to the town treasurer

Question 25

Moffat v Kazana

Answer 25

P (Mr Russell, represented by executors) sold a house to D. Several years later, workers were doing renovations and found a biscuit tin containing money in the chimney. D turned it over to the police, who gave it back to him. P (The Russells) claimed the tin and its content belonged to him. P claimed that he intentionally put the tin there, but then forgot about it when he sold the house

Question 26

AG of Canada v Brock

Answer 26

D gets pulled over by cops. Cop requests to search vehicle, finds $300k in trunk. D says the money is not his. Cops seize money. Next day, D consults with lawyer and admits that it is his $ but was holding it for investors. Few days later, D dies of cocaine overdose. D’s estate goes after the money.

Question 27

Cochrane v Moore

Answer 27

P told D he gave him ¼ interest in a horse. He then wrote to the trainer that he did. He then sold a bunch of horses including it without having ever actually physically transferred the horse to D.

Question 28

Irons v Smallpiece

Answer 28

Irons (son) sued Smallpiece (father) for 2 colts. (Trover)-A verbal gift of colts was made to the Plaintiff 12 months before father’s death. The colts remained in possession of father until death.

• 6 months before death, the son went to market to get hay, which was expensive.
• The son mentioned the situation to his father.
• The father agreed to furnish hay to colts. None was furnished until 3-4 days before death.

Question 29

In re Cole

Answer 29

Mr Cole bought, furnished and equipped a large house in London as the family home, costing him £20,000 overall. Later that year, his wife came to London to move into their new home. He said to her ‘look, it’s all yours’. Subsequently, Mr Cole went bankrupt and the contents of the home were claimed. However, Mrs Cole claimed that they had been gifted to her.

Question 30

Rawlinson v Mort

Answer 30

Church organ given by constructive delivery when giving inditia of title. Later put his hand on organ to solidify delivery. Expands delivery to include constructive delivery.

Question 31

Winter v Winter

Answer 31

Barge between father and son. Son acted as owner after promissory words, so the court recognized constructive delivery.

Question 32

Kilpin v Ratley

Answer 32

Mrs. Ratley’s father made a deal with his son in law’s creditors, and then gave the daughter the furniture. Verbal gifting was deemed sufficient, as the daughter had prior custody of the furniture. Possession satisfied delivery, as well as words acknowledging gift.

Question 33

MacKedie Estate v Mackedie

Answer 33

: gets paintings every b-day, taken off wall wrapped and put back up, when dad dies they are left to someone else

Question 34

Thomas v Times BookCo

Answer 34

Dylan Thomas —manuscript as a gift—> Douglas Cleverdon, a British Broadcasting Corporation producer, and the defendants claim title through him
“They only words I can recall him actually saying were that I had saved his life”
And to the original manuscript “that if I find it I could keep it”
Cleverdon did find it with in day or two, and he sold it.

Question 35

Watt v Watt Estate

Answer 35

Shirley Watt produced a document stating that a boat as of a certain date was joint custody between her an R.J. Watt. She was not related nor was she the widow. The trial judge awarded her sole title of the craft. Defendant executrix, R.J.’s widow appeals
Appeal judge agreed with trial judge – but said that Watt was only to be awarded half of the proprietary interest of the boat. She and her husband had a longstanding relationship with R.J.
Plenty of documentation to support the fact that R.J. gave Watt half ownership when he was alive. Document in seal

Question 36

Csada v Csada

Answer 36

One brother made a gift of two pieces of land and a cheque for $10k to the other. He later applied to set the two transactions aside, showing medical evidence that he had been suffering from depression and had been dominated by his brother. Trial judge rejected his claims & he appeals

Question 37

Re Zachariuc Chevier v Public Trustee

Answer 37

Did in fact contemplate death because he was ill.
Would not have found the money if it was not for Chevrier. Trustee did not find the money in the basement in jars under the house.
Chevrier was given instructions and a key
Zachariuc was going to give him a paper, a will.

Question 38

Heffron v Imperial Parking Co

Answer 38

This is appeal from the County Court, where the respondent parked the appellant’s car in their parking lot and damages occurred to the car. When they parked his car, the respondents gave him a return ticket, where it clearly stated on the ticket “we are not responsible for theft or damage of car or contents, however caused”, there was also signs posted across the parking lot that says the exact same thing.

Question 39

Ashby v Tolhurst

Answer 39

P left car in D’s car park. Car stolen. Court holds it was a licensee relationship, which has no obligations towards chattel

Question 40

Palmer v Toronto Medical Arts Building

Answer 40

Palmer and wife entered lot to park their car. There had recently been a snowstorm, resulting in the lot being very busy, a long line of cars waiting to park, and no available parking spots. Attendant asked Palmer to leave his car, saying that he would park it for him.
The usual practice of the parking lot attendant was to let customers park their own cars. Sometimes he would ask them to leave their keys in the car so he could move the car if necessary. The attendant’s shift finished at 6pm, after which time the lot was not attended. Palmer returned at 8pm to find his car missing.

Question 41

Bata v City Parking Canada

Answer 41

Same set of facts as Heffron, only there was a sing in the parking garage in this case that said “charges are for use of parking space only”

Question 42

Minichello v Devonshire Hotel

Answer 42

In this case the plaintiff informed the attendant that there were valuables in the car ($16,000) worth of jewels in a briefcase in the trunk). Plaintiff was able to recover on the grounds that the plaintiff’s statement to the attendant was sufficient to enable the court to conclude that one could reasonably anticipate that property of such value might be in the car

Question 43

Punch v Savoy’s Jeweller

Answer 43

Punch owned a diamond ring appraised at $11,000. He took it to Savoy’s for a repair. Savoy’s sent the ring to Walker’s via registered mail with a declared value of $100. Due to a postal strike, Walker’s sent the ring back through CN, a courier service (the terms of shipment between the Walker’s and Savoy’s were not discussed). CN’s exculpatory clause was $50 liability unless further insurance was purchased. The ring went missing.

Question 44

The Pioneer Container

Answer 44

P contracted with freight carriers for the carriage of goods from Taiwan to Hong Kong
o Freight carriers issued P with bills of lading providing that they were entitled to subcontract “on any terms” the handling, storage, and carriage
o Freight carrier subcontracted to D
o D issued feeder bills of lading with a clause saying any dispute was to be determined in Taiwan
o Vessel sank and lost cargo and P commenced proceedings in Hong Kong
o D applied for stay of proceedings on the exclusive jurisdiction clause
o The limitation period in Taiwan had already expired when P commenced its action
o CA of Hong Kong said P was bound by the clause
o P appealed to privy council
Issue