PRACTICE EXAM QUESTION
A practice exam question is set out on the next two pages. You should allow yourself one
hour to complete the question, which has two parts. You should feel free to consult any of
your course materials. Please do cite authorities. You can use short forms to cite to materials
from the course. Do not do any outside research. In answering the question, there is no need
to recite the facts. Get right to the legal analysis. If you believe you need to make any factual
assumptions, make these clear. Upload your answer as a Word document under the
“Assignments & Quizzes” section of the TWEN site. If you submit an answer by Wednesday,
November 20th, I will provide you with feedback on your answer.
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It is now technologically feasible to deliver packages using automated aerial drones, also known
as unmanned aerial vehicles. Several companies, including Skynet Inc., have begun to develop
delivery systems based on such drones. Skynet’s automated, unmanned drones, which are about
three feet wide, deliver packages directly to homes and businesses by flying to them. In flying to
their destination, the drones take the most direct route possible, even if this means flying over
privately owned land.
Sarah Connor lives alone in a small house on land she owns in fee simple on the outskirts of the
city of Edmonton. Skynet builds a distribution centre on the parcel of land adjacent to hers. From
this distribution centre, drones depart every few minutes between 9:00 AM and 5:00 PM. They fly
over Sarah’s land at a height of 50 feet (15.2 meters) on their way to destinations throughout
Edmonton. Sarah initially wanted to take matters into her own hands by shooting at the drones as
they flew over her land. Her son, John, convinced her to initiate legal proceedings instead.
Sarah Connor has retained your law firm. The lead partner on the file, H.E. Pennypacker, has
invited you to work on the case.
a) Pennypacker asks you to conduct a brief analysis of the likelihood that a trespass claim
would succeed against Skynet under Alberta law. Other lawyers are working on other
possible causes of action and you have been asked not to address these. Write no more than
400 words.
b) Suppose the provincial legislature subsequently amends the Law of Property Act by adding
the following provision:
All air space between the height of 15 and 50 meters, which is not occupied by a
building or structure, is hereby vested in and is the property of the Crown in right
of Alberta, and is dedicated to the use of unmanned aerial vehicles (UAVs). This
provision operates notwithstanding any past grant from the Crown of any interest
in land. It is deemed for all purposes, including for the purposes of the
Expropriation Act, that no expropriation occurs as a result of the enactment of this
section. No person may claim damages or compensation of any kind as a result of
the enactment of this section.
Pennypacker asks you to provide a quick analysis of the likelihood that a legal challenge
to this statutory provision would succeed under either the Canadian Charter of Rights and
Freedoms or the Alberta Bill of Rights. Write no more than 200 words.
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