Duhaime's Law Dictionary


Extinguishment Definition:

The termination of legal rights.

Related Terms: Easement

Easements

In the 1973 edition of Gale on Easements,. the author used the word in this context:

"As an easement is a charge imposed upon the servient for the advantage of the dominant tenement, when these are united in the same owner, the easement is extinguished; the special kind of property which the right to the easement conferred, so long as the tenements belonged to different owners, is now merged...."

Aboriginal Law

In R v Gladstone, Justice Lamer wrote, at ¶31:

"The test for determining when an aboriginal right has been extinguished was laid out by this Court in Sparrow .... [T]he Court in Sparrow held that the test of extinguishment to be adopted, in our opinion, is that the Sovereign's intention must be clear and plain if it is to extinguish an aboriginal right. Further, the Court held that the mere fact that a right had, in the past, been regulated by the government, and its exercise subject to various terms and conditions, was not sufficient to extinguish the right. The argument that it did so ... confuses regulation with extinguishment. That the right is controlled in great detail by the regulations does not mean that the right is thereby extinguished." 

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