Quote:
Originally Posted by valo403
It doesn't work like that, the estate and representatives could bring a claim both in their capacity and in the name of the deceased.
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The Fatal Accidents Act, in Alberta at least, drastically limits the damages a deceased persons estate and relatives could receive.
We've bumped into this a few times when family members lose a loved one in a car accident.
Quote:
Originally Posted by worth
Amorak is correct. You do not have the right to defend your property with excessive force in Canada. You have the right to use equal force to defend yourself.
Actually, I don't even know if you have the right to defend property at all in Canada. In your friends case, if he was not in danger, I don't think there is any right to use force on the person.
There are property rights in Canada, but I'm not sure on the legal status of you being able to actually defend your property rights.
Lawyers can chime in i'm sure...
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Defence of personal property
38. (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified
(
a) in preventing a trespasser from taking it, or
(
b) in taking it from a trespasser who has taken it,
if he does not strike or cause bodily harm to the trespasser.
Defence of dwelling
40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.
R.S., c. C-34, s. 40.
Defence of house or real property
41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.
And then there's always the cautionary tale of David Chen, the vigilante shopkeeper who chased down and apprehended a shoplifter and, for his trouble, was charged with kidnapping and assault with a weapon:
http://network.nationalpost.com/np/b...hopkeeper.aspx