Lévis Mushroom Farm Inc. c. Cité de Lévis

Lévis Mushroom Farm Inc. c. Cité de Lévis

The sale transferred only the City's existing rights and expressly avoided any warranty by sale 'at the risks and perils' of buyers; eviction arose from the Crown's reserved right, not from the City's personal act, so under arts.1509 and 1510 C.C. the City is not liable and the purchaser has no remedy; therefore the appeal is dismissed.

Citation
[1969] RCS 96
Parties
Plaintiff/appellant: Lévis Mushroom Farm Inc.; Defendant/respondent: Cité de Lévis
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 October 1968
Procedural Posture
Sale/property Dispute (civil) / Appeal to Supreme Court of Canada (final Appeal)
Outcome
Appeal dismissed
Legal Topics
Conditional Grant by Crown, Eviction (eviction De La Chose Vendue), Exclusion of Warranty / Buyer Assumes Risk, Reversion of Title, Annulment of Grant, Fraud / Bad Faith Allegation
Source Language
French
Property Law Contract Law Civil Procedure Conditional Grant by Crown Eviction (eviction De La Chose Vendue) Exclusion of Warranty / Buyer Assumes Risk Reversion of Title Annulment of Grant +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Lévis Mushroom Farm Inc.

Plaintiff/appellant

Cité de Lévis

Defendant/respondent

Procedural Posture

Sale/property Dispute (civil) / Appeal to Supreme Court of Canada (final Appeal)

Legal Issues

  1. 1 Whether a purchaser who bought the vendor's rights 'at his risks and perils' may claim damages for eviction
  2. 2 Whether eviction resulting from a right reserved by the Crown can be attributed to the vendor as a personal act under art.1509 C.C.
  3. 3 Whether the 1955 sale was null ab initio for lack of object, cause or consideration

Ratio Decidendi

The sale transferred only the City's existing rights and expressly avoided any warranty by sale 'at the risks and perils' of buyers; eviction arose from the Crown's reserved right, not from the City's personal act, so under arts.1509 and 1510 C.C. the City is not liable and the purchaser has no remedy; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to respondent