Canadian property law

From Wikipedia, the free encyclopedia

Property law in Canada is the body of law concerning the rights of individuals over land, objects, and expression within Canada. It encompasses personal property, real property, and intellectual property.

Personal property laws are typically governed by provincial legislation such as the provincial Sale of Goods Acts. Likewise, the common law rules inherited from the United Kingdom are largely still in force.

Real property law is likewise a matter of provincial legislation with the incorporation of English common law rules.

Intellectual property, as with most common law countries, remains entirely based in federal statute; however, there are common-law economic torts related to intellectual property, e.g., passing off. Canada tried to take the middle road between the United Kingdom and the United states in many of their intellectual property laws. Copyright law and trademark law in Canada was initially based on the English legislation but has since incorporated many changes from the US model and other places. Canadian patent law, however, was initially based on US legislation but has typically favoured the application of UK case law.


Law of Canada
v  d  e
Sources of law Constitution, federal statutes, provincial statutes
Core areas of law Constitutional law, Administrative law, Criminal law, Contract law, Tort law, Property law
Other areas of law Aboriginal law, Civil and human rights, Family law, Immigration and refugee law, Labour and employment law, Copyright law, Trade-mark law, Patent law
Courts Supreme Court, Federal Court (Appeal), Courts of Appeal, Superior courts, Provincial courts
Education Law school, Law School Admission Test, Call to the bar