Cases

Cases

This folder contains all of the court cases we have studied so far in the course.

Annapolis Group Inc. v Halifax Regional Municipality, 2022 SCC 36

Halifax (HRM) zoned land owned by Annapolis to preclude development without approval from the municipality. HRM then refused to grant Annapolis Group's requests to develop the land and allegedly treated the land as a public park.

Armorie v Delamirie, (1772) KB, 1 Strange 505, 93 ER 64

The plaintiff chimney sweep found a jewel in the course of his work and took it to the defendant to have it appraised. Upon demanding the jewel's return, the defendant refused to give it to the plaintiff.

Asher v Whitlock , (1865), LR 1 QB 1

Thomas Williamson enclosed land and built a cottage on it. He left it to his wife Lucy, with the property passing to his daughter, Mary Ann, when Lucy either remarried or died. Lucy remarried. Later, Mary Ann died, followed by Lucy. The plaintiff, Mary Ann's daughter, brought an action to eject the defendant, Lucy's second husband.

Black v Canadian Copper Co., (1917), Archives of Ontario, RG 80-6-0-22

The plaintiffs brought an action because of harm caused by sulphur dioxide fumes from the defendant's mining operation.

Blackburn v McCallum, 1903 CanLII 68 (SCC), [1903] 33 SCR 65

Donald Chisholm divided his land and left it to his sons as two fee simple estates. He attached conditions on the ability of his sons to sell or mortgage the lands for 25 years.

Canada Paper Co v Brown, 1922 CanLII 585 (SCC), [1922] 63 SCR 243

A paper company who near Brown's home introduced a sulphates into their production, which produced harmful fumes that carried over to Brown's property.

Canada Trust Co v Ontario (Human Rights Commission), 1990 CanLII 6849 (ON CA), [1990] 74 OR (2d) 481 (CA)

The trustee administered a racist scholarship with restrictions predicated on the supremacy of a white, Christian, British Empire. The Ontario Human Rights Commission filed an official complaint against the trust.

Canadian Pacific Railway Co. v Vancouver (City), 2006 SCC 5 (CanLII)

BC granted land to CPR to build a railway line. Traffic declined, and CPR proposed to redevelop the land for residential and commercial use or sell the land to the city. Instead, Vancouver passed a bylaw that designated the land for public use and transportation.

Clift v Kane, (1870), 5 Nfld LR (en banc)

Both the plaintiff and defendant operated seal fishing vessels stuck in ice. The plaintiff's crew had killed a large number of seals, and sculped and piled many of them. They were bringing the seals on board their vessel until shifting ice brought the seals closer to the defendsant's boat. Subsequently, the defendant's crew began to take the seals for themselves.

Delgamuukw v British Columbia, 1997 CanLII 302 (SCC), [1997] 3 SCR 1010

Hereditary chiefs from the Gitskan and Wet'suwet'en nations claimed Aboriginal title to 58,000 square kilometres of land in British Columbia. The land has historically been inhabited or used for hunting and fishing by Houses from both nations.

Guerin v R, 1984 CanLII 25 (SCC), [1984] 2 SCR 335

Members of the Musqueam Indian Band voted to surrender 162 acres of their land to the Crown to lease the land to a golf club. The terms the Crown ultimately leased the lands for were very unfavourable to the band.

Harrison v Carswell, 1975 CanLII 160 (SCC), [1976] 2 SCR 200

Sophie Carswell was charged with unlawfully trespassing on the Polo Park Shopping Centre after engaging in a labour protest on the mall sidewalk against her employer, a tenant of the mall.

Iwasaki v R, 1968 CanLII 1297 (CA EXC), 1 Ex CR 281

Iwasaki had a large tract of land expropriated and liquidated by the Custodian of Enemy Property. He alleged this was a breach of trust, and that the authorizing orders in council are invalid.

Keefer v Arillotta, 13 O.R. (2d) 680

Keefer had a right of way on Cloy's land, which later passed to Arillotta. Keefer built a garage on this land, and frequently used the grassy area, including to build a skating rink in the winter.

Mariner Real Estate Ltd v Nova Scotia (Attorney General), 1999 NSCA 98 (CanLII)

Mariner's land was classed as a beach, which involved numerous restrictions, and meant ministerial permission was necessary to construct a dwelling. The Minister refused to grant permission for the claimant to build a home.

McCorkill v McCorkill (Estate), 2014 NBQB 148 (CanLII)

Harry McCorkill died in 2004, leaving his $200,000 estate as an unconditional gift to a US neo-Nazi group. McCorkill's sister challenged the bequest.

McLaren v Caldwell et al, 1880 CanLII 12 (ON CA), (1881), 6 OAR 456 (CA); 1882 CanLII 3 (SCC), [1882] 8 SCR 435

McLaren and Caldwell were both in the lumber industry. McLaren owned land that included streams which he claimed were not navigable before he improved them. Caldwell attempted to run his lumber down those streams. Ontario had passed legislation to allow logs to pass freely down streams.

Noble et al v Alley, 1950 CanLII 13 (SCC), [1951] SCR 64

A racially restrictive covenant concerned land forming part of a summer resort development.

Piper v Stevenson, 1913 CanLII 615 (ON CA), [1913] 12 DLR 820

Piper enclosed and cultivated land for years. Stevenson said he had purchased that land and that Piper is not the owner.

Popov v Hayashi, (Cal Sup 2002)

Barry Bonds hit a record-setting home run. The ball flew into the stands, where it went into Popov's glove. Popov was mobbed before he could secure the ball. The ball fell in the scrum, and was picked up by Hayashi. Hayashi was an innocent party and it is impossible to know whether Popov would have secured control of the ball without the mob's interference.

R v Cappy, 1952 CarswellOnt 287, 1952 CanLII 280 (ON CA)

The defendant a stadium in 1951 and began to conduct stock car racing on it. In 1948, the municipality had passed a bylaw that prohibited the use of land for non-residential purposes except where they were a continuation of pre-existing use. The stadium had previously been used for entertainment purposes, including some racing of other kinds, but not stock car racing.

R v Syliboy, 1928 CanLII 352 (NSSC)

Mi'kmaq Grand Chief Syliboy was convicted for hunting out of season. He submitted that, per the 1752 Peace and Friendship Treaty, he had the right to hunt at any time.

Re Drummond Wren, [1945] OR 778 (HC)

Lands purchased by Drummond Wren included a racially restrictive covenant. He sought to have the covenant declared invalid.

Re Walker, (1925), 56 OLR 517

The testator left his property to his spouse, using the language of a fee simple estate. However, he added conditions on alienation to the bequest that would come into place upon his spouse's death.

Saint-Romuald (City) v Olivier, 2001 SCC 57 (CanLII), [2001] 2 SCR 898

Olivier's nightclub changed their entertainment from singing cowboys and cowgirls to nude dancers. New zoning law restricted nightclubs in the area, so Olivier's bar could only operate if the new entertainment was a continuation of pre-existing use.

Shelfer v City of London Electrical Lighting Co., [1895] 1 Ch 287

Shelfer suffered a nuisance from the defendant that affected his property.

St. Catherine's Milling and Lumber Co. v R, (1886), 10 OR 196 (HC); [1887] 13 SCR 577; [1888] UKPC 70 (JCPC)

St. Catherine's Milling conducted logging on land in Ontario. They said they had permission from the federal government. The land at issue was subject to Treaty 3, between the Anishinaabe and the Dominion government. The provincial government asserted that title in the land transferred to the Crown in right of Ontario at Confederartion. The Dominion government asserted that Aboriginal title to the land survived Confederation but was surrendered to Crown in right of Canada when Treaty 3 was signed.

Stuartburn (Municipality) v Kiansky, 2001 MBQB 94 (CanLII)

The Municipality of Stuartburn sought to disqualify Kiansky from holding office because an elector must be the owner of land in the area. Kiansky had recently sold a property, but held a remainder fee simple interest in another estate.

Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (CanLII)

The Tsilhqot’in Nation have continuously occupied and used unceded land in central BC. This case concerns a claim for Aboriginal title over a small portion of their land.

Tulk v Moxhay , (1848), 41 ER 1143 (Ch)

Tulk sold a piece of land with the restriction that the garden be maintained and that he have access to it. Moxhay subsequently purchased the land, with notice of the covenant. Moxhay sought to alter the garden.

Victoria (City) v Adams, 2008 BCSC 1363 (CanLII)

The City of Victoria passed bylaws to prohibit shelter in public parks.

Victoria Park Racing and Recreational Grounds Co Ltd v Taylor , (1937), 58 CLR 479

The defendant owned land near the plaintiff's racetrack. He placed a platform on his land to watch the races and charged people admission and broadcasted the race by telephone. The plaintiff took action in nuisance.