Summary of "UBC Real Estate Exam Prep- Free Class: Sources of Law (2025)"
Summary of “UBC Real Estate Exam Prep - Free Class: Sources of Law (2025)”
Main Ideas and Concepts
1. Foundations of Law in Real Estate
- Law serves as the foundation for understanding real estate law.
- Real estate law traces back to King William the Conqueror’s system, where all land belongs to the Crown (government).
- Individuals do not own land outright but hold an “estate” or interest, subject to the Crown’s ultimate ownership.
- Land ownership is conditional; the government can expropriate land for public use without permission.
2. Types of Estates and Land Ownership
- An estate is an interest or right to use land in specific ways.
- Various types of estates exist (to be covered in another chapter).
- Ownership is not absolute; the government retains the underlying title.
- Different provinces use different land registration systems (e.g., Torrens system in western provinces).
3. Sources of Law
- Three main sources:
- Common Law
- Equitable Law (Equity)
- Statute Law
- Knowing which source prevails in different situations is essential.
4. Common Law
- Originated in England; judge-made law based on precedents.
- Judges follow previous decisions from higher courts (Doctrine of Stare Decisis: “let the former decision stand”).
- Common law is rigid and strict.
- Remedies are usually monetary damages (money compensation).
- Judges can distinguish cases with different facts and create new decisions.
- Judges may refer to precedents from other common law jurisdictions if no local precedent exists.
5. Equitable Law (Equity)
- Developed to address the harshness and rigidity of common law.
- Originated from the Court of Chancery.
- Provides remedies other than money, such as:
- Injunction (prevent someone from doing something)
- Specific Performance (order to fulfill contractual obligations)
- Mandatory Injunction (order to do something)
- Equity is more flexible and focuses on fairness.
- Combined with common law since 1870 via the Judicature Acts.
- If conflict arises between common law and equity, equity prevails.
- Remedies from common law and equity cannot be mixed in the same case.
6. Statute Law (Legislation)
- Laws created by government through acts (legislation).
- Statute law overrides common and equitable law.
- Examples include the Land Title Act and Real Estate Act.
- Levels of government and their responsibilities:
- Federal: banking, bankruptcy, currency, postal service, marriage/divorce, criminal law, patents, national defense.
- Provincial: education, justice system, property and civil rights, municipal institutions.
- Municipal: delegated responsibilities from provincial government, mostly bylaws.
- Statute law modernizes or changes outdated common law principles.
7. Categories of Law
- Private Law (Civil Law, Tort Law): Disputes between individuals without government involvement (e.g., contracts, property disputes, divorce).
- Public Law: Involves government and includes constitutional law, criminal law, and taxation.
8. Court Systems and Dispute Resolution
- Civil Resolution Tribunal (CRT): Online tribunal for strata disputes and small claims under $5,000; fast and informal.
- Administrative Tribunals: Specialized bodies for specific disputes; less formal; decisions reviewable by courts.
- Trial Courts:
- Small Claims Court: Claims from $5,001 to $35,000; territorial limits apply.
- BC Supreme Court: Highest trial court in BC; no monetary or territorial limits; also serves as appellate court.
- Appellate Courts:
- BC Court of Appeal: Reviews decisions from BC Supreme Court; panel of judges; no new evidence.
- Supreme Court of Canada: Highest appellate court nationally; selective case acceptance.
- Trial courts involve face-to-face hearings with a judge; appellate courts do not.
9. Trial Process
- Begins with pleading: Notice of Civil Claim (plaintiff) and Response (defendant).
- Followed by discovery: parties exchange information under oath.
- Burden of proof lies with the plaintiff; standard is “balance of probabilities.”
- Trial order: plaintiff presents case and witnesses first, then defendant.
- Judgment issued by judge; may include court costs and legal fees.
- Court costs are discretionary and separate from legal fees.
10. Alternative Dispute Resolution
- Mediation: Usually mandatory, informal, private; mediator does not decide outcome.
- Arbitration: Voluntary; binding decision by arbitrator; more formal than mediation but less than court.
11. Enforcement of Judgments
- Judgment creditor (winner) can enforce judgment through:
- Examination of judgment debtor’s assets.
- Execution (seizure and sale of assets by sheriff).
- Placing liens on property.
- Garnishing wages (up to 30%).
- Certain actions (e.g., registering a notice of civil claim on land title) are unrelated to enforcement.
12. Limitation Periods
- Basic limitation period: 2 years from date of discovery of claim.
- Ultimate limitation period: 15 years; often applies to minors or those incapable of acting earlier.
- Limitation periods can reset if defendant acknowledges liability.
- Important to file claims within these periods to avoid dismissal.
- The discovery date (when plaintiff learns of claim) triggers the limitation period, not the date of the wrongful act.
Methodology / Key Points for Exam Preparation
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Keywords to identify:
- Common Law: England, judge-made law, doctrine of stare decisis, precedents, damages, uniformity.
- Equity: fairness, injunction, specific performance, mandatory injunction, remedies other than money, prevail over common law.
- Statute Law: legislation, act, government-created, overrides common and equitable law.
- Court system: CRT (<$5,000), Small Claims ($5,001-$35,000), BC Supreme Court (highest trial), Court of Appeal, Supreme Court of Canada.
- Trial process: pleading (notice of claim/response), discovery, burden of proof (plaintiff), balance of probabilities, trial order (plaintiff first).
- Enforcement: examination, execution, liens, garnishment.
- Limitation periods: 2 years basic, 15 years ultimate, resets on acknowledgment.
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Exam strategies:
- Use method of elimination on multiple-choice questions.
- Identify “too strong” or absolute words (always, must, regardless) as red flags for false statements.
- Understand the difference between remedies available under common law and equity.
- Know the hierarchy of laws: Statute > Equity > Common Law.
- Recognize jurisdictional limits of courts and tribunals.
- Understand the difference between private and public law.
Speakers / Sources Featured
- Primary Speaker: The instructor delivering the UBC Real Estate Exam Prep class (name not explicitly provided).
- Historical references include King William the Conqueror and legal doctrines such as the Doctrine of Stare Decisis.
- No other distinct speakers or sources mentioned.
This summary captures the foundational legal principles, court systems, dispute resolution methods, and exam-focused tips presented in the video for the 2025 UBC Real Estate Exam Prep on Sources of Law.
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