The British Columbia Court of Appeal recently upheld a trial judge’s decision that human sperm is property. The case involved a B.C. man who was a representative for a class action of 400 plaintiffs who had stored their sperm with a laboratory at the University of British Columbia prior to … [Read more...]
The Engagement Ring: Whose Property is it?
As William Shakespeare once wrote "The course of true love never did run smooth." What happens when relationships turn sour and questions arise about property that a couple may have acquired together prior to marriage or given as gifts to one another? If diamonds are forever, does the bride-to-be … [Read more...]
Finders Keepers? A Historical Survey of Lost and Abandoned Property and the Law
Introduction You are walking along a busy downtown street when a small object on the ground catches the corner of your eye. Intrigued, you bend down to find a small pouch which upon further examination contains a gold bracelet. There is neither attached identification nor any sign of the owner. To … [Read more...]
All Is Not Lost: The Law of Lost and Found
“Property and law were born and die together” - Jeremy Bentham, English philosopher, The Theory of Legislation (1931) Introduction We all know the feeling when we lose something. Cell phone? Car keys? Most of us also know what it feels like to find something, such as a wallet. Losing a … [Read more...]
No Trespassers Allowed
At law, the term "trespass" encompasses much more than individuals creeping onto their neighbour's property without permission. The act of "trespassing" is often conceptualized as one person setting foot on another person's land without their consent. "Get off my property, you're TRESPASSING!" is a … [Read more...]
Home Sweet Home…or is it?
Imagine you have just finished building your dream home, complete with swimming pool and hot-tub. You and your family, including the family dog, have just moved in. You decide to have a house warming party and invite over several dozen of your closest friends. Sounds like fun, right? Wrong! While it … [Read more...]