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Property on Trial: Canadian Cases in Context
2012 
edited by Eric Tucker, Professor, Osgoode Hall Law School, Bruze Ziff and James Muir, Professors, University of Alberta Law School. Published with Irwin Law, 2012.
Despite the huge strides made by Canadian legal history in recent decades, we do not know as much as we should about the law of property, a crucial aspect of most peoples’ engagement with the law, past and present. The Osgoode Society is thus especially pleased to publish this volume, which deals with topics as varied as the Newfoundland seal hunt in the nineteenth century to the modern Vancouver planning process. Some cases are well known, such as the Murdoch family property controversy, others less so, but the overall scope is very broad – Quebec nuisance law, restrictive covenants, pollution control, rental housing and human rights, picketing, taking by economic regulation, the theft of information, and land use regulation. The authors employ the detailed case study approach, allowing them to investigate not only the development of legal doctrine in particular contexts, but also to show the effect on the legal process of litigants’ determination, lawyering skills, the broader political and social environment, and judicial attitudes.
Contents
Contents
FOREWORD vii
PREFACE ix
Introduction 1
JAMES MUIR
The Law of Property in Animals, Newfoundland-Style 9
BRUCE ZIFF
Nuisance and Neighbourhood in Late Nineteenth-Century Montreal: Drysdale v Dugas in its Contexts 35
ERIC H. REITER
KVP: Riparian Resurrection in 20th Century Ontario 71
JAMIE BENIDICKSON
Cottages, Covenants, and the Cold War: Galbraith v. Madawaska Club 93
PHILIP GIRARD
“The right to discriminate”: Kenneth Bell versus Carl McKay and the Ontario Human Rights Commission 119
FRANK LUCE AND KAREN SCHUCHER
“The courts have turned women into slaves for the men of this world”: Irene Murdoch’s Quest for Justice 159
VANESSA GRUBEN, ANGELA CAMERON, AND ANGELA CHAISSON
Morgan and Jacobson v Attorney General for Prince Edward Island 193
MARGARET MCCALLUM
The Zoroastrian Temple in Toronto: A Case Study in Land Use Regulation, Canadian-Style 223
ERAN KAPLINSKY
Manitoba Fisheries v The Queen: The Origins of Canada’s De Facto Expropriation Doctrine 259
JIM PHILLIPS AND JEREMY MARTIN
The Malling of Property Law?: The Toronto Eaton Centre Cases, 1984-1987, and the Right to Exclude 303
ERIC TUCKER
Regina v Stewart: Is Information Property? 353
C. IAN KYER
Begging to Differ: Panhandling, Public Space, and Municipal Property 393
NICHOLAS BLOMLEY
Pirate or Prophet? Monsanto Canada Inc. v Schmeiser 425
PATRICIA L. FARNESE
A Railway, a City, and the Public Regulation of Private Property: CPR v City of Vancouver 455
DOUGLAS C. HARRIS
Private Property and the Public Interest: (Re)Telling the Stories of Principles, Places, and Parties 487
MARY JANE MOSSMAN
Select Bibliography: Canadian Property Law Histories 511
CONTRIBUTORS 517
Reviews
In fifteen essays ... the anthology explores the sometimes surprising background of major (as well as a few minor) cases, revealing new information about the cases, the litigants, and the legal system itself. Essays in the ‘cases in context’ genre offer the greatest insight (and the greatest pleasures for a reader) when they reveal something new about their subject.... In this regard the essays in the collection are largely stellar. Charles Paul Hoffman, Canadian Journal of Law and Society, Vol XX, 2013
