LAW 703 Study Guide - Comprehensive Final Exam Guide - Mortgage Law, Government Of Ontario, Test Act
Document Summary
Courts: interpret and apply constitution and legislation, create and apply common law. Section 2 (slide 26) = fundamental rights: no property rights therefore gov"t can regulate real estate. Provincial tribunals: residential landlord and tenant board, condominium tribunal, assessment review board, ontario municipal board. Estates in land a right a person can enforce with respect to a particular piece of land: an exclusive right to possess land for a period of time, important distinction between contract and interest. Contract- enforceable against parties to the contract. Fee simple estate largest package of rights that a person can hold in real estate. Not commit torts: occupiers liability, nuisance, ryland v fletcher (strict liability for landowners for damage caused by dangerous substances/elements which escapes from their land and damages others. ) Subject to laws and regulations: zoning, environmental, etc. Law703 lecture 1: gov"t has the right to take your property.
