possession Flashcards
Determining facts & “evidence”
Parties told different stories - Perry v Gregory 102
Finders, first possession
Finders keepers, parties acted as one would hope and expect, unclear who had better claim to property – Parker v British Airways 105
Duties of finders
finder allowed to recover money after true owner never found because of his honesty, turning money over to police – Millas v BC, Thomas v Canada 116
Intention to assert finding – boys found money, one of them claimed all of it, other boys asked for equal division of money – Keron v Cashman 118
Find money in parking lot – other friend takes money, gives to parents who call police, finding attributed to other friend – Edmonds v Ronella 119
Baseball – who had control of ball and when, who is entitled to it – Popov v Hayashi 119
Issue of intent – temporary loss of control – can possession be erased after temporary loss of control? – Bird v Fort Frances 126
Intention to assert finding – boys found money, one of them claimed all of it, other boys asked for equal division of money – Keron v Cashman 118
Find money in parking lot – other friend takes money, gives to parents who call police, finding attributed to other friend – Edmonds v Ronella 119
Baseball – who had control of ball and when, who is entitled to it – Popov v Hayashi 119
Issue of intent – temporary loss of control – can possession be erased after temporary loss of control? – Bird v Fort Frances 126
Possession as property interest in land
Government says you are mere trespasser on expropriated land – Perry v Clissold 133
Does possession work against the true owner? – Asher v Whitlock