Property Fall Final Case Facts Flashcards
Victoria Park Racing and Recreation Grounds Co Ltd. v. Taylor
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
International News Service v Associated Press (INS v AP)
- 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
R v Stewart
- 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)
Moore v Regents of the University of California
- 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
JCM v ANA
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
Saulnier v RBC
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
Harrison v Carswell
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
Committee for the Commonwealth of Canada v Canada
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
Pierson v Post
- 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
Perry v Gregory
- 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)
Young v Hitchens
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
The Tubantia
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
Armory v Delamire
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
Bridges v Hawksworth
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
Elwes v Brigg Gas Co
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
South Staffordshire Water Company v Sharman
P hired D to clear mud from pool, D finds two gold rings
Hannah v Peel
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
City of London Corporation v Appleyard
- 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
Grafstein v Holme and Freeman
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
Parker v British Airways
- 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
Keron v Cashman
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
Edmunds v Ronella
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)
Popov v Hayashi
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
Bird v Fort Frances
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
