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ISBN: 9781552212967

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Property on Trial

Co-Published with the Osgoode Society for Canadian Legal History

Property on Trial is a collection of 14 studies of Canadian property law disputes — some well-known, some more obscure — that have helped to shape the contours of the principles and rules of property law over 150 years. These studies, written by some of Canada’s leading legal historians, range in time from a discussion of a nineteenth-century dispute over the ownership of seal pelts in Newfoundland to modern questions of what constitutes private property in a digital age. They investigate the relationship between private and public interests in property; the limits of private property owners’ rights in relation to others, particularly neighbours and family; and the intersection of property law principles with other branches of the law, including criminal law, family law, and human rights.

The authors describe, in rich detail, the social, cultural, and political contexts in which the events unfolded, the backgrounds and personalities of the litigants, the skills of the lawyers, and the judicial attitudes of the day. On the one hand, Property on Trial is a collection of thoughtful and compelling stories about conflict in a wide variety of contexts, each with its own heroines and heroes, villains and ne’er-do-wells, winners and losers. On the other, it is an insightful look at the history of property law doctrine in Canada.

Eric Tucker

Eric Tucker, B.A., LL.B., LL.M. is a professor at Osgoode Hall Law School, York University. He has published extensively on the history and current state of labour and employment law. He is the author of Administering Danger in the Workplace (Toronto: University of Toronto Press, 1990) and co-author of Labour Before the Law: The Legal Regulation of Workers’ Collective Action (Toronto: University of Toronto Press, 2001, with Judy Fudge) and Self-Employed Workers Organize (Montreal: McGill-Queen’s University Press, 2005, with Cynthia Cranford, Judy Fudge, and Leah Vosko). He is also the editor of Working Disasters: The Politics of Recognition and Response (Amityville, NY: Baywood Publishing Company, 2006).

James Muir

James Muir is an assistant professor of History and Law at the University of Alberta. He works on Canadian legal and labour history, with publications on 18th- and 19th-century Nova Scotia, 20th-century Manitoba and Alberta and the practice of teaching legal history.

Bruce Ziff

Bruce Ziff is a professor of law at the University of Alberta. He has also taught at the University of Wollongong in Australia, and Osgoode Hall Law School. Professor Ziff has served as a Special Counsel for the Alberta Law Reform Institute and as an advisor on land titles reform in Ukraine. He is a recipient of the AC Rutherford Award for Excellence in Undergraduate Teaching. Professor Ziff’s research deals mainly with property and legal history. He is the author of Principles of Property Law, 5th ed (Carswell, 2010), and Unforeseen Legacies: Reuben Wells Leonard and the Leonard Foundation Trust (Osgoode Society, 2000), and he is a co-editor of A Property Law Reader 3rd ed. (Carswell, 2012) and Borrowed Power: Essays on Cultural Appropriation (Rutgers University Press, 1997).

Chapter Title Abstract Contributors Pages Year Price

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Background to the case studies chosen for the book and the themes and issues they represent. 8 $0.80

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Examination of a group of 19th century Newfoundland cases to illustrate how well-known doctrines of property law were adapted to meet the needs of Newfoundland sealers. 25 $2.50

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Review of an 1896 Supreme Court of Canada nuisance case with its roots in the civil law. 35 $3.50

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Examination of a mid-twentieth-century riparian rights case and how it affected the state of water quality law. 22 $2.20

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Examination of the historical context of an Ontario case of the law of restrictive covenants. 25 $2.50

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Examination of a Supreme Court of Canada decision arising from a human rights complaint based on racial discrimination in a landlord and tenant context. ; 40 $4.00

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Examination of a 1973 Supreme Court of Canada decision on marital property rights from the perspective of the wife’s lawyer and in the context of a feminist movement for law reform. ; ; 34 $3.40

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Examination of a 1975 Supreme Court of Canada case upholding the right of the Prince Edward Island legislature to restrict the right of non-residents to hold Island land. 437 $43.70

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Examination of a 1978 Ontario Divisional Court case on zoning regulation. 35 $3.50

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Examination of a 1978 Supreme Court of Canada case regarding a federal statute involving expropriation by regulation of property rather than by taking title. ; 43 $4.30

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Examination of three cases arising from attempts by owners of the Toronto Eaton Centre to exclude individuals from their premises. 49 $4.90

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Examination of the history and consequences of a 1988 Supreme Court of Canada case regarding the relationship between confidential information and property. 39 $3.90

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Examination of a 2002 Supreme Court of British Columbia case concerning the constitutionality of a City of Vancouver bylaw regulating panhandling, and how it revealed tensions over the use of … 32 $3.20

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Examination of a 2004 Supreme Court of Canada patent infringement case arising from the use of genetically modified seeds without paying the licensing fee. 30 $3.00

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Examination of a 2006 Supreme Court of Canada case arising from the Canadian Pacific Railway’s challenge to a City of Vancouver development plan, and what it reveals about the boundary … 32 $3.20

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Commentary about the essays in the collection. 24 $2.40

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List of case studies and other works used as source material for the essays in the collection. ; ; 6 $0.60