Property Fall Final Case Facts

Question 1

Victoria Park Racing and Recreation Grounds Co Ltd. v. Taylor

Answer 1

Plaintiff company had a race track and defendant had an elevated platform on his land beside the track and watched the races and read the info that appeared on the boards, he would announce the races and results through the phone which were then broadcasted

Question 2

International News Service v Associated Press (INS v AP)

Answer 2

• Plaintiff (AP) sought an injunction to stop INS from gathering the news they had and publishing it in their newspapers before AP could during WW1
• AP wanted to establish a copyright in news

Question 3

R v Stewart

Answer 3

• Accused was hired to get hotel employee info, he tried to bribe a security guard for it, security guard said no and reported the incident
• Stewart charged with counselling a hotel employee to commit fraud and theft of information (criminal case)

Question 4

Moore v Regents of the University of California

Answer 4

• Moore diagnosed with cancer and underwent treatment at UCLA, his blood was distinctive and had potential for great commercial and scientific value
• Defendant recommended M have his spleen removed and M consented
• D took parts to research them and M was not informed
• D applied for patent from the research that was predicted to be very valuable
• M had to pay for travel and med expenses

Question 5

JCM v ANA

Answer 5

Parties were spouses and conceived one child through therapeutic insemination, they separated (sperm straws not addressed in separation agreement) JCM wants them to conceive another child, ANA wants them all destroyed and wouldn’t be bought out

Question 6

Saulnier v RBC

Answer 6

Appellant Saulier holds 4 fishing licenses (very valuable), signed a General Security Agreement with the Royal Bank which gave RBC a security interest in all personal property including intangibles, he defaulted on the loan and they want to count the licenses as property

Question 7

Harrison v Carswell

Answer 7

Employee of a tenant of a shopping centre participated in a lawful strike and picketed peacefully, owner of the mall (Harrison) told Carswell picketing was not permitted in any area of the mall and if she didn’t leave she would be charged with trespass, she kept going and received 4 trespass charges

Question 8

Committee for the Commonwealth of Canada v Canada

Answer 8

P wanted to distribute pamphlets in an Airport, Airport said no because of fed legislation preventing solicitation in the airport, P initiated action for infringement of freedom of expression

Question 9

Pierson v Post

Answer 9

• Post hunting a fox almost had it in sight when a saucy interloper appeared, killed the fox, and ran off with the carcass,
• Post sued on the theory that his pursuit of the fox had established his property right to it

Question 10

Perry v Gregory

Answer 10

• Both were into metal detecting, did not share findings, on one expedition they found a valuable belt plate, P got the signal but D dug it up first
• Expert says the first to get a signal owns the item unless they walk away from it (not the case here)

Question 11

Young v Hitchens

Answer 11

Plaintiff (Y) was fishing using a large net, drawn net around large school (valuable), with gap in top 40 feet wide, before Y could close defendant (H) interfered with his own net and hauled off the catch

Question 12

The Tubantia

Answer 12

Sunken ocean liner with gold coins in it, wreck was located, marked, obtained limited access and recovery efforts initiated by plaintiff then they had to leave before retrieving anything

Question 13

Armory v Delamire

Answer 13

Plaintiff found a jewel and brought it to defendants shop to see what it was, gave it to the apprentice who took stones out, boy wanted it back and they tried to give it back without the stones

Question 14

Bridges v Hawksworth

Answer 14

B went into H’s shop and found a small parcel of money, B asked H to keep the notes until the owner claimed them, H advertised for the owner but no one came, B asked for money and offered to pay expenses of H trying to find owner, H refused

Question 15

Elwes v Brigg Gas Co

Answer 15

P owns land and rents some to D, D finds boat beneath surface of the land and claims it, P and D had lease saying all minerals belong to P

Question 16

South Staffordshire Water Company v Sharman

Answer 16

P hired D to clear mud from pool, D finds two gold rings

Question 17

Hannah v Peel

Answer 17

D bought home but never lived in it, home was used by military in WW2, P worked for military and lived there, P found a loose broach in a crevice in a remote room of the house, P gave it to cops who gave it to D, D sold it, P sues for value of it as finder

Question 18

City of London Corporation v Appleyard

Answer 18

• D’s workmen demoed a building and found money in a safe which was in one of the walls, lease between corporation and building owners preserved the corps right to any article of value found upon any remains of the former building
• Workmen employed by building owners

Question 19

Grafstein v Holme and Freeman

Answer 19

D’s found a locked box at a shop they worked at, brought it to the shop owner and he told them to put it in the basement and leave it, they later went back and opened it and found a large sum of money, they claimed entitlement to it

Question 20

Parker v British Airways

Answer 20

• P found gold bracelet on ground in executive lounge in airport, gave bracelet to agent of British Airways saying if true owner not found he wants it back
• Owner never claimed it and it wasn’t returned to P, BA sold it

Question 21

Keron v Cashman

Answer 21

5 boys find sock and play with it, bursts and money comes out, P found it but they all held it at some point, owner not found so P claimed all the money, other boys want equitable division

Question 22

Edmunds v Ronella

Answer 22

2 boys found envelope with money in it while going through trash, older girl (R) came to boys assistance and brought it back with the boys to her house where her parents called the police who gave her a receipt as the “sole” finder, she claimed boys disclaimed interest in the money (they denied)

Question 23

Popov v Hayashi

Answer 23

At baseball game a ball went into crowd, ball first lands in webbing of P, because of mob P is knocked down and ball comes free, D sees loose ball and holds it in the air which is captured on camera, D is taken to secure area and is said to be the rightful owner

Question 24

Bird v Fort Frances

Answer 24

P crawls under building and finds can of money, takes it home and his mom and him hide it, cop learns of money and goes without a warrant and asks for money, mom gives it to him, no true owner found so money deposited in cities bank account, P asks for money D refuses saying P isn’t an honest finder

Question 25

Moffat v Kazana

Answer 25

P sold house to D, years later workers doing renos found a tin full of money in the chimney, D turned it over to the cops who gave it back, P claimed tin belonged to him that husband intentionally put it there but forgot about it

Question 26

AG of Canada v Brock

Answer 26

D driving and is stopped by cops, they find large sum of money in his car, D says its not his, cops take it, next day D says it is his then dies, his estate carries on action to get the money

Question 27

Irons v Smallpiece

Answer 27

Action in trover for 2 colts said to have been given to the plaintiff by his father under oral gift

Question 28

Cochrane v Moore

Answer 28

Benzon owns a horse and tries to gift Moore 1/4 of it and wrote a letter to Yates of this intention, Cochrane lent money to Benzon and in an attempt to repay promised him the horse, when the subject of Moore’s interest in the horse came up Cochrane said “I’ll take care of it”, Moore had no knowledge of the sale to Cochrane

Question 29

In re Cole

Answer 29

Purported gift of furniture from husband to wife, husband says “it’s all yours” and wife touches it, then he went bankrupt creditors want all personal belongings, husband and wife both handle and use the furniture

Question 30

Mackadie v Mackadie

Answer 30

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

Question 31

Thomas v Times Book Co

Answer 31

Administrator of estate of P brought claim against D for manuscript, P lost this and said if D could find it he could keep it and gave him a list of places to look (said this in front of witnesses), D found it and told people P gave it to him before P died

Question 32

Watt v Watt

Answer 32

(Shirley (P) is not related they just have the same last name) D’s husband and marina owner built a boat, both S and the husband (H) had keys and S used it freely, H wrote a letter declaring the boat is jointly owned by him and S and gave the document to S, when D’s husband died Shirley wrote her with a claim to the boat

Question 33

Csada v Csada

Answer 33

P brought application to set aside 2 gifts he gave to his brother (2 valuable sections of land and a cheque), later requested return of gifts because of undue influence

Question 34

Re Zachariuc; Cheverier v Public Trustee

Answer 34

Old men were neighbours and best friends, Z gets sick and tells C he wants him to have all his possessions, Z gives C directions to find money under the house and gave him house key, Z dies and public trustee was going to tear house down C asks them to stop so he can get the money

Question 35

Heffron v Imperial Parking Co

Answer 35

P parked in D’s lot paying the evening flat rate charge, got a ticket saying hours and exculpatory clause, left keys in car as requested by D’s attendant, lot was marked with signs of same ex. clause, P came back an hour after lot closed car was missing and found 3 days later damaged, normal practice was to take keys of cars not claimed at closing to D’s lot across the street’s office

Question 36

Bata v City Parking Canada Ltd.

Answer 36

P parked in lot and left keys at request of attendant, car stolen, ticket given saying “charges are for use of parking space only”

Question 37

Palmer v Toronto Medical Parking

Answer 37

P just paid for spot, one snowy day the attendant took keys and parked the car for the P

Question 38

Minichiello v Devonshire Hotel

Answer 38

P left his car (and keys) with attendant, informed attendant there were “valuables” in the car, in the trunk there was a briefcase with 16k worth of jewels, briefcase disappeared

Question 39

Who’s super smart?

Answer 39

YOU!!!!!! :D

Question 40

The Pioneer Container

Answer 40

P contracted with freight carriers for carriage of goods from Taiwan to Hong Kong, freight had term that said they could subcontract “on any terms”, subcontracted to D who had term saying disputes heard in Taiwan, vessel sank, P sued in Hong Kong, D said stay of proceedings, limitations period expired in Taiwan

Question 41

Punch v Savoy’s Jewellers Ltd

Answer 41

P (A) brought ring to be repaired A doesn’t want to pick it up and jeweler (B) doesn’t want to deliver so B hires a courier (C) (sub-bailee). C not informed its valuable, ring disappears.

Question 42

Rawlinson v Mort

Answer 42

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 43

Winter v Winter

Answer 43

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

Question 44

Kilpin v Ratley

Answer 44

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 45

Ashby v Tolhurst

Answer 45

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