Hackett v. Colchester South

Hackett v. Colchester South

Appeal dismissed because appellant failed to prove dispossession for the critical years; alternatively, land granted in trust for public purposes and dedicated to public use gives rise to public rights and a Crown equitable interest which cannot be extinguished by adverse possession under the Statute of Limitations.

Citation
[1928] SCR 255
Parties
Appellant / Defendant: Walter L. Hackett; Respondent / Plaintiff: The Municipal Corporation of the Township of Colchester South
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 April 1928
Procedural Posture
Action for Possession / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Adverse Possession, Public Trust and Dedication, Crown Grants, Resulting Trust, Extinguishment of Title
Source Language
English
Property Municipal Law Equity Statute of Limitations Crown Law Adverse Possession Public Trust and Dedication Crown Grants +2 more

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Parties

Walter L. Hackett

Appellant / Defendant

The Municipal Corporation of the Township of Colchester South

Respondent / Plaintiff

Procedural Posture

Action for Possession / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Whether the municipality's title under a Crown grant in trust for a public wharf was extinguished by adverse possession under the Statute of Limitations
  2. 2 Whether land granted and dedicated to public use and accepted by the public can be lost by adverse possession
  3. 3 Whether the appellant satisfactorily proved dispossession for the critical period

Ratio Decidendi

Appeal dismissed because appellant failed to prove dispossession for the critical years; alternatively, land granted in trust for public purposes and dedicated to public use gives rise to public rights and a Crown equitable interest which cannot be extinguished by adverse possession under the Statute of Limitations.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Appellate Division judgment that the respondent is entitled to possession of the land upheld