9. Canadian Property Law


Property rights in Canada refer to the right of Canadians to own, use and dispose of their private property. Property rights are generally enforced through the law, including legislation at the federal, provincial, and municipal level. Property rights are based on the concept of ownership, which includes the right to enjoy, possess, use, and dispose of property, subject to certain limitations or restrictions imposed by law. Property rights are essential for individuals and businesses to be able to produce, trade, and invest in the economy. They provide incentives for investment, innovation, and entrepreneurship.

Property law is a dynamic area of law involving tangible and intangible items that can be owned by an individual or group. It is important to recognize that “property” as a concept does not pertain to a thing itself, but rather, it is a set of mutual rights and obligations that exist in relation to a thing. The Canadian property law systems creates a means of acquiring, retaining, and divesting property, and settling property disputes. It is important for businesses to understand the legal system of both personal and real property because they will often interact with both.

Although it may seem like owning or possessing property is always beneficial, it is important to remember that the liability that comes with owning or leasing property may not be favorable for a business.  For this reason, businesses must take the time to assess the financial and legal risks of interacting with various kinds of property.


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Business Law and Ethics Canadian Edition Copyright © 2023 by Craig Ervine is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

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