Property Law: Rights and Ownership Concepts

Legal rights associated with ownership of something, allowing you to control who can use and access it.

The right to prevent others from interfering with or using your property.

The right to occupy and use your property for your own purposes.

The right to sell, give away, or otherwise transfer ownership of your property to someone else.

Property is not just about the thing itself, but about the legal rights you have in relation to it, and the rights other parties may have.

Land and the permanent structures attached to it, like buildings, mines, and minerals. It's fixed and not easily movable.

An item that was originally personal property but becomes part of real property when permanently attached to it.

A contract where someone pays a fee to temporarily possess and use land or personal property.

The intention of whether an item is meant to be permanently attached to the property.

The extent of damage caused by removing an item from real property.

Anything that is not real property (land and its attachments).

Physical objects that can be touched and owned.

Rights and interests that are not physical objects.

Property rights are not absolute and can be challenged by others with stronger claims.

A finder of lost personal property has rights over everyone except the true owner.

The highest level of ownership interest in real property.

Ownership of real property that lasts for the lifetime of a specific person.

The right to possess property after the life estate ends.

Temporary possession of real property through a lease agreement.

A right to use another person's land for a specific purpose.

The right to use a piece of land for access and egress.

A legal restriction on the use of land that binds all future owners.

A legal document that gives a lender the right to seize and sell your property if you fail to repay a loan. It acts as a security for the loan.

A type of ownership where two or more people have equal ownership of a property and the surviving owner(s) inherit the deceased owner's share automatically.

A type of ownership where two or more people own a property together, but their shares can be unequal and don't automatically pass to the surviving owners.

A type of property where you own your unit and have exclusive possession, but share ownership of common areas with other owners.

A type of housing where residents own shares in a corporation that owns the entire property. Residents don't own individual units, but have the right to occupy them.

The legal principle that allows the finder of lost personal property to claim ownership against anyone except the true owner.

The bailer is the person who owns the property and lends it to the bailee, who temporarily possesses the property.

A symbol, design, or phrase legally registered to represent a company or product, distinguishing it from others.

The name a business uses to operate, often similar to its trademark.

A trademark must be unique enough to easily identify the goods or services it represents.

A mark used by a business without formal registration, providing limited legal protection.

A trademark formally registered with the government, providing broader legal protection across a country.

Using another company's trademark without permission, potentially causing confusion or harming their brand value.

A type of trademark infringement where a business misrepresents its goods or services as those of another.

Using a trademark in a way that, even if not confusing, might diminish its value or reputation.

A court order to stop someone from using another company's trademark.

A court order requiring an infringer to turn over any profits made from using another's trademark.

A design can be protected both as an industrial design and a trademark. Industrial design protection is limited to 10 years, whereas trademark protection can be longer, but it must meet specific criteria.

Trademark protection is not automatic. You must register it within one year of first use, and it lasts for 10 years, renewable. Marking a product with the trademark is not required but strengthens your legal position in infringement cases.

Protecting ideas or confidential information is crucial. You can't copyright ideas, so a non-disclosure agreement (NDA) is often used. This contract ensures that the recipient won't reveal or use the information without permission.

Software owned by a company or individual, available only under a license that restricts its use. Think of Apple products, designed to work in a specific way.

Software freely available for anyone to view, modify, and distribute. The owner has no right to restrict its use or claim ownership. Examples include Android and Firefox.

Arguments promoting the unrestricted access and use of information: Non-exclusive use, Value of information, Needs of society, Maximum benefit, Counter morality, Counter economic, Counter incentive.

Every employment relationship is a contract, even if not written. Freedom of contract allows parties to agree on terms, but historically, this led to unfair treatment of employees.

Employment law aims to ensure fair and respectful treatment of employees, honoring legal obligations. It helps businesses avoid disputes and build a strong, loyal workforce.

Employment law evolved during a time of class inequality. The wealthy land owners held power over the workers, leading to unfair working conditions and limited rights for employees.

Legal protection for original creative works, such as books, music, paintings, and films. It prevents others from copying or using them without permission.

To be protected, a work must be original, fixed in a tangible medium (like a document or recording), and have a connection to Canada.

Copyright lasts for the life of the author plus 70 years. This applies even if the author is a corporation or other entity.

Rights that belong to the author of a work, giving them control over how their work is used and presented. These rights cannot be transferred.

The right to be acknowledged as the author, the right to prevent distortion or mutilation of the work, and the right to object to the work's association with certain products or institutions.

A defense to copyright infringement that allows you to use copyrighted material under certain circumstances, like for criticism, review, or news reporting.

You must use the copyrighted material fairly, not in a way that would harm the original work, and acknowledge the author's ownership.

Legal protection for inventions, granting the inventor exclusive rights to make, use, and sell their invention for a limited time.

An idea is a general concept or thought, while an invention is the specific, practical realization of that idea.

To encourage innovation by giving inventors temporary exclusivity over their inventions, in exchange for revealing their invention to the public.

Patents last for 20 years from the date the application was filed. This is sometimes said to be 17 years of useful life because it takes 3 years to get the patent granted.

Patents are national, meaning they only protect the invention within the country where it was granted. A Canadian patent doesn't protect the invention in the US.

Both are forms of intellectual property that provide exclusive rights to the owner. They can also be licensed, leased, or sold.

Copyright protects the expression of an idea (like a book), while patents protect the invention itself (like a new machine).

An employer is responsible for the misconduct of their employees, even if they didn't directly order the misconduct.

Reasons why you can't be treated differently in employment, like race, religion, gender, disability.

Discrimination that happens because of a seemingly neutral rule, but it harms a specific group.

A necessary job requirement for a specific role, even if it might seem discriminatory.

Employers must adjust work for employees with disabilities or needs, to a reasonable extent.

The point where accommodating an employee's needs would be too difficult or costly for a business.

Laws that aim to improve the representation of certain groups in the workplace.

An employment contract for a specific period of time, like a project.

An employment contract without a specified end date, ongoing until terminated.

Explicitly written or stated agreements in an employment contract.

Conditions in a contract that are assumed to be agreed upon, even if not written.

Firing an employee for serious misconduct or breach of contract, with no notice or severance pay required.

A serious reason for firing an employee, such as misconduct or violation of company rules.

Ending employment for business reasons, but not due to any misconduct by the employee.

The amount of time an employer must give an employee before ending their employment without cause, depending on factors like length of service.

A contractual relationship where an employer provides money in exchange for work performed by an employee. The employer has control over the work and the employee is considered part of the organization.

A person who performs work for an employer but is not considered an employee. They have control over their own work and operate independently.

An independent contractor who has a long-term, nearly exclusive working relationship with a specific employer, creating an economic dependence.

Determining whether an employment relationship exists has significant legal and financial implications for both parties, impacting issues like vicarious liability, employee legislation, and income tax deductions.

A key factor in determining employment vs. independent contractor. If the person for whom the work is being done controls the work (when, where, how), it suggests an employment relationship.

Another factor used to classify relationships. The more important and critical a person is to an organization, the more likely they are an employee.

Courts examine factors like risk of loss, ownership of tools, and existence of a written agreement, though these are less important than control and organization.

Employers have legal responsibilities towards employees, including paying salaries, honoring employment contracts, providing safe working conditions, and complying with employment laws.

Employees owe certain duties to their employer, including work competence, timeliness, loyalty, and potentially fiduciary duty in specific circumstances.

A legal principle where employers are held responsible for the actions of their employees, even if they didn't directly authorize or know about the actions.

While contract law governs employment relationships, legislation and court decisions introduce additional protections and responsibilities that go beyond traditional contracts.

Courts consider various factors to determine the nature of the relationship, primarily focusing on the 'Control Test' and the 'Organization Test'. Other factors like risk of loss and use of tools are also considered.

Employment contracts are distinct because they involve a power imbalance and considerations beyond simple exchange of goods or services, often involving legal protections for employees.

Understanding the legal framework is crucial for both employers and employees to ensure they operate within the law, fulfilling their respective obligations and avoiding potential legal issues.

Employment standards acts, health and safety regulations, and pay equity laws are examples of legislation that sets minimum standards for employers and protects employee rights.

A term understood to be part of an employment contract even if not explicitly written, such as the need for reasonable notice before termination.

Severance pay required by the Employment Standards Act when an employee meets specific criteria (e.g., 5+ years of service, employer's payroll over $2.5 million). It's calculated as 1 week of pay per year of service, up to 26 weeks.

When an employer terminates an employee without providing the required reasonable notice or without a legally valid reason. It's a breach of contract.

Compensation awarded to an employee for wrongful dismissal, calculated as the difference between the reasonable notice they should have received and the notice they were actually given.

The employee's responsibility to actively look for new employment after being wrongfully dismissed to reduce potential damages. This means attending interviews and keeping records of job searches.

A situation where an employer makes significant changes to the employment contract, fundamentally altering the nature of the job, making it so unpleasant that the employee feels forced to resign.

The formal written notice given to an employee stating the date their employment will end.

Dismissal of an employee for a serious reason justified by law, such as misconduct, incompetence, or breach of contract.

A formal complaint filed with a human rights tribunal alleging discrimination based on factors like disability, age, or gender.

Additional damages awarded in a wrongful dismissal case when the employer acted in bad faith or deliberately caused emotional distress, showing a disregard for the employee's well-being.

Previously allowed damages for humiliation or distress stemming from a wrongful dismissal. However, the Supreme Court of Canada ruled against these damages, stating that mental suffering must be proven in a separate legal claim.

A legally binding agreement outlining the terms and conditions of employment between an employer and employee. This contract can be written or implied through actions and conduct.

Costs incurred by an employer beyond severance pay, such as potential lawsuits, damage to employee morale, and negative reputation.

A provincial law setting minimum employment standards that employers must comply with, like minimum wage, overtime, and vacation.

Temporary suspension of employment due to business reasons, requiring a written employment contract for legality.

Usually illegal unless there are clear signs of impairment or it's a safety-sensitive job.

Employers' responsibility to adjust work conditions for employees with disabilities, unless it creates undue hardship.

Laws preventing discrimination in areas like employment, government services, and housing based on protected grounds.

The process where a union negotiates with an employer on behalf of all employees to improve wages, benefits, and working conditions.

The process where a union becomes the official representative of employees, giving them the power to bargain on their behalf.

A process where a third party makes a final, legally binding decision to resolve disputes in collective bargaining.

The process by which a union gains recognition as the representative for employees, usually through a majority vote or by proving employer misconduct.

Once a union is certified, individuals lose their right to negotiate independently. The union acts as the collective bargaining agent for the employees.

Laws that protect employees from hazards in the workplace and require employers to take steps to ensure safety.

The principle that men and women should receive equal pay for work of equal value, ensuring fair compensation for similar jobs.

A government program that provides temporary financial assistance to workers who lose their jobs through no fault of their own.

A provincial law designed to protect consumers from unfair business practices and provide them with certain rights in transactions.

A transaction where the purpose of the purchase is for personal, domestic, or household use. It's subject to the Consumer Protection Act.

Consumers are often less informed, have fewer legal resources, and are more vulnerable than businesses. Protecting them encourages participation in the marketplace and benefits the economy.

Some argue that not all consumers need protection and it's unfair to impose regulations on those who can handle themselves.

Critics argue that regulations add costs to businesses, reducing their competitiveness compared to businesses in countries with fewer regulations.

Some find it condescending for the government to assume they need protection and believe they should be able to make their own contracts.

The Consumer Protection Act allows consumers to sue manufacturers directly in contract law, even if they didn't directly contract with them.

The Consumer Protection Act makes the Sale of Goods Act (SGA) mandatory for consumer transactions, ensuring certain minimum standards.

A process where a union, representing employees, negotiates with an employer on behalf of all employees to agree on terms and conditions of employment.

A legally binding contract resulting from collective bargaining, outlining wages, work hours, benefits, and other terms of employment for a specific period.

A work stoppage by employees without union approval, violating the existing collective bargaining agreement.

To protect buyers and promote fair trading practices, ensuring a level playing field between buyers and sellers in commercial transactions.

A legal principle that places the burden of responsibility on the buyer to inspect and assess the quality of goods before purchase.

It supplements the underlying sales contract, providing specific rules that govern the relationship between buyers and sellers, protecting both parties' rights.

Tangible personal property, meaning physical objects that can be owned and transferred, excluding services, intangible things, real estate, gifts, leases, or intellectual property.

The transfer of ownership of the goods and payment for them, meaning money must change hands.

By protecting both buyers and sellers, it creates a fair and trusted environment where risks are shared, encouraging more commercial activity.

The primary purpose of the transaction. If the goods are central, it's a sale of goods. If services dominate, it's a contract for services.

It's not a high priority for voters or politicians, as consumer protection laws often take precedence.

By implying certain terms into contracts, regardless of what's written, ensuring a minimum standard and protecting buyers against deficient goods.

Under traditional common law, sellers had more control over the transaction, leaving buyers with limited rights and risks. The Act evolved to create a balance.

To ensure a fair allocation of risk and responsibility between buyers and sellers, promoting a thriving economy through balanced commercial relationships.

A legal protection granted to inventors for their inventions, giving them exclusive rights to make, use, and sell their invention for a limited time.

To be patentable, an invention must be new, useful, and not obvious to someone skilled in the field. It must not have been publicly disclosed more than a year before the patent application was filed.

The patent system in Canada awards the patent to the first person to file an application, regardless of who invented it first.

Using or selling someone else's invention without their permission.

If someone infringes your patent, you can sue them for damages, seek an injunction to stop them, or demand an accounting of their profits.

Legal protection for the visual appearance of products, such as their shape, configuration, or pattern.

To be protected, the design must be original and novel, meaning it must be substantially different from existing designs.

Both industrial designs and trademarks protect aspects of a product that are not functional, unlike patents which protect functionality.

Legal protection for original creative works, such as books, music, paintings, and software.

To be protected, a work must be original, fixed in a tangible medium (like a document or recording), and have a connection to Canada.

Rights that belong to the author of a work, giving them control over how their work is used and presented.

A defense to copyright infringement that allows you to use copyrighted material under certain circumstances, like for criticism, review, or news reporting.

A law that sets out implied terms and conditions for contracts involving the sale of goods. It ensures fairness between buyers and sellers.

A transaction where a buyer intends to use the good primarily for business purposes, not for personal use.

Fundamental terms in a contract that are essential for its performance. A breach of a condition gives the innocent party the right to terminate the contract.

Minor terms in a contract that are not essential for its performance. A breach of a warranty only gives the innocent party the right to damages, not termination.

An implied condition that the seller has legal authority to sell the goods, even if they are not the owner. They must have the right to transfer ownership.

An implied condition that the goods must match the description provided by the seller.

An implied condition that the goods must match a sample provided by the seller.

An implied condition that the goods are of reasonable quality and have no defects that make them unsuitable for their intended purpose.

An implied condition that the goods must be reasonably fit for the specific purpose the buyer intends to use them for, especially if they inform the seller of their intended purpose.

The risk of loss or damage to the goods passes from the seller to the buyer when ownership (title) of the goods passes to the buyer.

A remedy for a breach of condition where the innocent party can terminate the contract, return the goods, and get their money back.

A remedy for a breach of warranty where the innocent party can sue for compensation for the loss they suffered due to the breach.

The point at which ownership of the goods transfers from the seller to the buyer.

A bailee must act reasonably in the circumstances to protect the bailor's property. This standard of care depends on factors like the value of the goods, any specific instructions given, and who benefits from the bailment.

The higher the value and fragility of the goods, the higher the standard of care the bailee is expected to exercise. For valuable items, a bailee should take extra precautions.

If the bailor provides specific instructions on how to care for the goods, the bailee must follow those instructions to meet the required standard. Failing to do so is a breach of duty.

If the bailment is gratuitous (no payment) and primarily benefits the bailor, the standard of care is lower. If it benefits the bailee, the standard of care is higher.

Contracts can specify the standard of care a bailee must provide. Limitation clauses can limit the bailee's liability, even for negligence.

Carriers are held to a high standard of care due to their role in transporting property. If the property is lost or damaged, they are liable, even if it's not their fault.

Due to the high potential for loss and strict liability, carriers often include limitation clauses in their contracts to limit their financial exposure.

Warehousers must store goods with reasonable care, similar to how they would handle their own property. They are responsible for foreseeable risks.

Given the potential for high losses, warehousers often include limitation clauses in their contracts to limit their liability.

Repairers must provide reasonable care and repair services at a reasonable price. They can't charge excessively, and the owner can't pay nothing.

Carriers have complete control over property during transportation, while guests retain some control over their belongings while staying at an inn.

A trademark is a word, logo, design, or symbol used to distinguish goods or services. It can be a brand name, logo, or even a unique sound.

In the US, famous trademarks are protected more broadly, even from unauthorized use that might not cause confusion. This concept isn't recognized in Canada.

Intellectual property protection aims to encourage creativity and innovation by giving creators exclusive rights to their creations, like inventions, designs, and works of authorship.