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Assign

To sell, give or otherwise transfer some legal right or responsibility to another.

To give an item of property, or to transfer some legal responsibility, to another.

In O'Brien v Stebbins:

"To assign chattels means to transfer the property therein to another."

The assignee (sometimes also called an "assign") is the person who receives the right or property being given.

The assignor is the person giving; assigning the item of property.

In Sovereign Fire Insurance v Peters, Justice Richie of Canada's Supreme Court wrote:

"... assign is, in law, to transfer or make over to another the right one has in any object.... A mortgage is one thing; an assignment of the property is quite another; the one being conditional the other absolute."

REFERENCES

  • O'Brien v Stebbins & Mullen 3 DLR 274 (1927; SKCA)
  • Sovereign Fire Insurance Company v Charles Peters 18 SCR 33 (1885) at page 38.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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