Canadian Common Law Foundations Flashcards

Under Canadian property law, the doctrine of adverse possession requires a claimant to demonstrate possession that is:

Answer: Actual, open, notorious, exclusive, continuous, and adverse for the statutory limitation period

Adverse possession requires: (1) actual possession; (2) open and notorious; (3) exclusive; (4) continuous; (5) adverse (without the true owner's permission); for the full limitation period prescribed by provincial statute (typically 10 years). The claimant must have the intention to possess.

In Canadian provinces using the Torrens land registration system (land titles system), the principle of indefeasibility means that:

Answer: The registry is conclusive proof of ownership and registered title cannot be challenged except for fraud by the registered owner

Indefeasibility of title under the Torrens system means that a registered owner's title is indefeasible (cannot be defeated) except where the registered owner was party to fraud. The system provides certainty by allowing purchasers to rely on the register.

A landlord wants to terminate a residential tenancy in Ontario because the tenant has not paid rent. Under the Residential Tenancies Act, 2006, what procedure must the landlord follow?

Answer: The landlord must give a written notice of termination and may then apply to the Landlord and Tenant Board for an eviction order

Under Ontario's Residential Tenancies Act, 2006, non-payment of rent requires: (1) a Form N4 notice of termination; (2) if not remedied, an application to the Landlord and Tenant Board. Self-help remedies (changing locks, removing property) are prohibited.

The rule against perpetuities in Canadian common law limits future interests in property. In most Canadian provinces, what reform has largely replaced the common law rule?

Answer: Provincial perpetuities legislation has replaced the common law rule, often adopting a fixed perpetuity period (e.g., 21 years after the death of specified lives) or 'wait and see' approach

Most Canadian common law provinces have enacted perpetuities legislation (e.g., Ontario's Perpetuities Act) that either adopts a fixed perpetuity period or a 'wait and see' approach, replacing or modifying the complex common law rule against perpetuities.

In Canadian equity, the principle of 'constructive trust' is most commonly invoked in which context?

Answer: To recognize the unjust enrichment of one party at the expense of another where there is no juristic reason for the enrichment

In Pettkus v. Becker [1980] the SCC established that a constructive trust is the appropriate remedy for unjust enrichment where: (1) enrichment of one party; (2) corresponding deprivation of the other; (3) no juristic reason for the enrichment. It is widely used in domestic partnership property disputes.

Under Canadian law, a vendor of real property is under a duty to disclose:

Answer: Latent defects known to the vendor that render the property dangerous or unfit for the buyer's purpose

Caveat emptor applies to patent defects (discoverable on inspection), but vendors must disclose known latent defects that make the property dangerous or unfit for habitation. Failure to disclose known latent defects may give rise to an action in damages or rescission.