- Joined
- Sep 21, 2008
- Messages
- 878
- Format
- 4x5 Format
Don't give pawnshops a bad name. They are to keep an inventory and serial number of almost every item they take in. They cannot sell an item for some period, normally 60 or 90 days, and they give the list (required by law) to law enforcement who then check it against items reported stolen. When my Minolta CLE & lens was stolen they keep checking the lists for about 6 months. They would call me monthly an update. They also checked eBay and Craiglist listings. (and so did I). But it never showed up. I have a theory about high priced items that says the local guys looking for a few dollars to buy drugs sell it to a fence who bumps it up the food chain until enough stolen goods are accumulated to sell South of the border or even overseas. They guys that busted that SF store weren't small time hoods, you'll never see them goods anywhere in the US.Yes, eBay, CraigsList, Facebook Marketplace, etc. All extensions of the already existing pawnshops.
So what’s the law on that in Canada. If a stolen item is sold it no longer is rightfully owned by the person it was stolen from?
So what’s the law on that in Canada. If a stolen item is sold it no longer is rightfully owned by the person it was stolen from?
Canada pioneered the ‘finders keepers, losers weepers’ law.
No.
It is quite a bit more complex than that.
All of the applicable laws reflect the tension between a very old principle - protecting the rights of an innocent purchaser for value - with a desire to help make a victim whole.
There are whole big chunks of the Common Law - developed over a very long time - which are designed to protect and foster legitimate commerce, and therefore protect the rights of the innocent purchaser for value. The victim of the theft has a civil claim in conversion instead not against the item, but rather the person who stole it, as well as anyone who subsequently received it, knowing or ought to have known it was obtained by theft.
Roughly speaking, if you buy something whose ownership is generally established by possession - like a camera - and you purchased it from someone else who obtained it in a legitimate sale or innocent gift, from someone else who appeared to own it legitimately, you are likely to be able to keep it. It is the chain of innocence here, plus the value paid, that insulates the purchaser.
This doesn't apply to something (like an automobile) where ownership is all or partly confirmed by some sort of registration, where the registration scheme determines the question - usually.
So the real original owner of the property gets screwed and the person who now has the stolen property gets to keep it and not have to not return it to the original owner. Eh?
That Canadian law is screwed up on my opinion.
Yes, eBay, CraigsList, Facebook Marketplace, etc. All extensions of the already existing pawnshops.
what if your Leica gets stolen and recovered and identified as stolen from you, but it was insured and you were compensated by the insurance company for your loss. Who ultimately owns the recovered Leica in that case?
If insurance has paid out for the item, it belongs to the insurer -- who will sell it, usually at auction. Insurance auctions are a genuine thing.
Some insurers (or adjusters) will allow the pre-theft owner to buy back the item (though due to deductible it'll still cost them some money out of pocket); other insurers won't even notify the insured that the stolen item was recovered.
all involved parties are really made whole.
Like many security guards who couldn't find better work, he was an ex-con,
You would prefer that the current owner be the one who lost out, despite having in good faith paid in full for the item to a legitimate seller?So the real original owner of the property gets screwed and the person who now has the stolen property gets to keep it and not have to not return it to the original owner. Eh?
That Canadian law is screwed up on my opinion.
there are loopholes
Regardless, a guy in a security position who talks about his future heist dreams probably ought to be encouraged to find another job, ideally via HR informing him his services are no longer required. Ex-con or not.
Builds a good case to always buy insurance for valuable items, eh?
BTW, another twist that you might enjoy thinking about… what if your Leica gets stolen and recovered and identified as stolen from you, but it was insured and you were compensated by the insurance company for your loss. Who ultimately owns the recovered Leica in that case?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?