Week 7 - Property Law

What is “property”?

Legal interests recognized and protected by law — the relationship between a person/entity and an object or interest they have rights over.

What are the main types of property?

Real property, Personal property, Intellectual property, Private/Public, Tangible/Intangible.

What does “real property” include?

Land, buildings, fixtures, natural resources, minerals, oil rights — everything permanently attached to land.

What is a freehold interest?

Full ownership of land for an indefinite time (fee simple) — the longest possible ownership under law.

What is a leasehold interest?

Right to exclusive possession of land for a definite period (tenant = lessee; landlord = lessor).

What is tenancy in common?

Co-ownership where each has an undivided share; can transfer their share freely; interest passes to heirs.

What is joint tenancy?

Co-ownership with right of survivorship — deceased’s share automatically goes to the surviving joint tenant(s).

What is an easement / right of way?

A right to use another’s land for a specific purpose (e.g., access). It runs with the land and binds later owners.

What is a restrictive covenant?

A rule limiting land use that binds future owners (must be registered on title).

What is a license in property law?

Personal permission to use land (contractual only, not an ownership right).

What is the Agreement of Purchase and Sale?

Contract setting conditions for buying land; includes deposit; title transfers at closing via deed of conveyance.

What is title insurance?

Insurance protecting against defects in land title.

What are the four main forms of intellectual property (IP)?

Trademarks, Copyright, Patents, Industrial Designs.

What is a trademark?

A mark used to distinguish goods/services from others (e.g., Nike swoosh). Governed by the Trademarks Act.

What is a certification mark?

Shows goods/services meet a standard or origin (e.g., VQA, ISO 9000).

What is a distinguishing guise?

Unique shape or packaging (e.g., Coca-Cola bottle).

What is passing off?

Common-law tort where someone misleads consumers into thinking goods/services belong to another business.

What protection does registration give to a trademark?

Exclusive nationwide use for 10 years (renewable); stronger enforcement; defence to passing-off.

What are remedies for trademark infringement?

Damages, lost-profit accounting, injunctions.

What is copyright?

Automatic protection for original artistic/literary works; governed by the Copyright Act.

How long does copyright last?

Life of author + 50 years.

Who owns copyright created at work?

The employer, unless agreed otherwise.

What are moral rights?

Author’s personal right to integrity of work (can’t be assigned). Example: Snow v. Eaton Centre (1982).

What qualifies as fair dealing (no infringement)?

Use for research, study, criticism, review, or news reporting — must be fair in amount/purpose/effect.

What is a patent?

Government-granted exclusive right to make, use, or sell an invention for 20 years under the Patent Act.

What are the requirements for a patentable invention?

Must be new, useful, and show ingenuity (not obvious).

What is an industrial design?

Decorative features (shape, pattern, ornament) of an article judged by eye — protected up to 15 years under Industrial Designs Act.

How can one innovation be protected by multiple IP types?

Shape = Industrial Design; Function = Patent; Brand name = Trademark; Marketing ad = Copyright.

Are trade secrets and know-how IP?

Not legally “property,” but can be protected by contract or fiduciary duties (e.g., secret formula).

What was the SCC ruling in R v. Stewart (1988)?

Confidential information is not property.