LAWG 101D2 Lecture Notes - Lecture 20: Public Law, Sanctity Of Life, Precedent
23 Jan 2018
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Cvl: in many cases, there is the possibility of liability under 1457. It was not until st. lawrence cement is there a distinct regime. Before this, there had been uncertainty as to how an article from the property section of the code could fit into the regime. Overall, it is a mix between the law of property and the law of obligation. In the civil law: an injunction would not be denied due to social utility. Since the ccq, it is unanimous that specific performance/injunction is given for nuisance. Authority of quebec judges to issue injunctions is generally regarded as an early example of quebec law importing a common law concept. Damages are not given for nuisance in the civil law. You do not need to own the property to bring an action in nuisance. See st. lawrence cement: 976 is understood to be codifying prior jurisprudence, such as dugas and brown, which do not look like property law.
