Case considered: Stout & Co. LLP v. Chez Outdoor Ltd. , 2009 ABQB 444
PDF version: Property as the Right to Use
The conception of property that a person has underlies the way in which that person thinks about property. Attempts to define the concept of property can be seen as a way to explain legal decision-making in property law. At the same time, the way in which we think about property can impact on such decisions. In this post, I will examine the decision of the Alberta Court of Queen’s Bench in Stout & Co. LLP v. Chez Outdoor Ltd. (“Stout“). I will consider whether the court is applying a definition of property that is similar to the view of Larissa Katz in her article, “Exclusion and Exclusivity in Property Law” (2008) 58 University of Toronto Law Journal 275. Katz views ownership as a coherent concept that focuses on the right to use and manage the property. I will begin with a brief overview of Katz’s theory, and then set out some important facts and issues in the Stout case. I will then discuss what I consider to be the main reasons for the decision in the case in the context of Katz’s article. I will save discussion of the implications of some things being property only in the context of specific legislation for the end.