Thanks to the Star, we now know the answer of whether or not it’s legal to steal bikes that are legally locked up on public property, even if you own “adjacent property”. The Star asked a property lawyer professor, and he confirmed what we all (except Brookfield Properties) know. Spoiler – it’s not.
Jeremy de Beer, a professor at the University of Ottawa law school and expert in the field of property law, said the company’s explanation “doesn’t seem right.”
“If it were on their property it would be totally different,” he said.
“Their responsibility and their power ends at their property line.”
De Beer said unless Brookfield had some kind of special agreement with the city, “to say that you just have a right to clear the sidewalk of what you perceive subjectively to be a hazard is pretty far fetched.”