Canadian property law and real estate Case Study 2022

CANADIAN PROPERTY LAW AND REAL ESTATE ETHICS
(Name)
Subject: Property Law
(Professor)
(University)
(City)
(Date)

PART A: QUESTIONS ON LESSON 1-5
1. a. Because there were physical damage and battery took place when I encountered my
neighbor in an attempt to register my complaints with her and this occurrence was in BC
then a civil suit can be filled in a Provincial Court under Small Claims Division. This is a
lower level of a trial court which can hear a case whose claim is $ 25, 500. This court has
minimal barriers to entry when it comes to time and cost because a lawyer will not be
expected to bring an action or even attend a court session. The minimal barriers to entry
into this court will make it easy for me to take it to court for legal action. Even though it
can be assumed that suffered damages are more than $ 25, 000 limits but this can be
placed under private nuisance and trespass which allows damages that exceed the
$25,000 limit and this qualifies the case to be handled by a BC Supreme Court. If there is
an appeal then the matter will be taken to the court of appeal and if the matter is not
satisfactorily solved then it will get its way to the Supreme Court in Canada. There are
high chances that such a case cannot be solved outside a Provincial Court System from
the doctrine of Stare Decisis then apparent legal issues might be in existence since it is
not a matter of national importance (Anderson, 2018).
b. The goal is to get financial payment from my neighbor based on what took place then the
Provincial Small Claims Court is the best alternative. I would take the action of physical
damage and nuisance claiming for the damages caused and claiming for exemplary damages
given that the nature of nuisance and ignorance led to a battery. The civil process structure
permits two successful outcomes that if I am bestowed damages or the defendant is bestowed
and a settlement is reached when the pleadings are being given then the small claims court
will become the right venue. If I am seeking a financial solution, then a civil action is

preferred to the criminal action because from civil law a person will sue another person for
money while in criminal law the government sues an individual accused of a crime
committed against the society or the community. At the same time classification of law
places civil law under private law and criminal law under public law and therefore this matter
is a private one and therefore it has to be addressed using civil law. Civil sees that the
plaintiff compensates the complainant while criminal law the plaintiff is to be imprisoned
and given that I am looking for compensation for the damages caused then imprisonment will
not be appropriate.
The burden and standard which should be adhered to when proving guilt in a criminal and
civil cases are different, in a criminal case it is the state that has to prove guilt beyond
reasonable doubt while on the other side the civil case demands that the plaintiff has to prove
beyond reasonable doubt on their case based on the balance of probability as spelled out in
the Real property Law. In my case, I will treat it as a civil case because I am the one who is
expected to prove beyond a reasonable doubt that I suffered and my neighbor was
responsible for my suffering based on her actions. I will not treat it as a criminal case because
the state does not come in especially when it is between my neighbor and me. I have to bear
the burden of proving that indeed I suffered from my neighbor's actions so that I can receive
compensation from my neighbor. If I do not approach it from this perspective then there are
high chances that I might loose on it. The only way to ensure that I do not lose on it is to
make sure that I have taken it to a civil court.
c. I will use the case of steward vs Philips which was heard in a supreme court of Britain in 2018.
The complainant brought up the action of assault, trespass, and nuisance, where stones were

hurled at her car and monetary damages, were claimed. Even though assault is a criminal offense
but it was brought under a civil court because it also led to damage of property whose value
could be measured in monetary terms. From my case and the discussed case then taking an
assault charge before a criminal court can be a wasted resource. My neighbor can, therefore, face
a criminal offense for his behavior and a civil offense for the damages caused.
2. a. Given that I did not reveal that I am a licensed real estate representative and I have made an
intentional misrepresentation of the property regarding its age and externalities to encourage the
buyer to buy it then fraudulent misrepresentation has higher chances of being applied than
misrepresentations due to negligence. This can also be regarded as the tort of deceit and the
buyer can sue me for the damages in tort based on fraudulent facts. At the same time, I have
forfeited professional standards on various levels and I risk being disciplined through revocation
of my license by the Real Estate Board including other penalties even though the standards are
not binding in any court of law.
b. my neighbor can opt for private nuisance under tort and she goes ahead to claim for
physical damages. In this case, she has to prove beyond a reasonable doubt that my action is
interfering with her ability to use her property such that she proves that I have used my land
beyond the boundaries which are socially and legally suitable. Because building bylaws
allow the screen then a claim under tort might not yield fruits unless she goes for a claim for
physical damages on her property which results from my screen.
c. if I have to sell my half interest in the condominium, then the joint tenancy will change
such that the new owner will become a tenant in common with my daughter. Even though I
am permitted to individually organize my interest in the joint tenancy it might not be easy to
find a buyer who will be willing to co-owner the property with my daughter. In such a case I