Poirier v. Brulé

Poirier v. Brulé

The covenants to be performed by the grantee were conditions precedent to vesting the beneficial interest; the grantee's failure to perform caused the contingent trust to lapse, producing a resulting trust for the settlor, who as sole beneficiary could revoke and require reconveyance; accordingly the appeal is dismissed and reconveyance ordered.

Citation
(1891) 20 SCR 97
Parties
Appellant / Defendant: Joseph Poirier; Respondent / Plaintiff: Jean Baptiste Brulé; Defendant / Trustee: Edward Mainwaring Johnson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 November 1891
Procedural Posture
Appeal / Final Adjudication by Supreme Court of Canada on Appeal From Supreme Court of British Columbia
Outcome
Appeal dismissed with costs; judgment of the court below affirmed directing reconveyance to respondent
Legal Topics
Conditions Precedent, Resulting Trust, Revocation of Trust, Rescission, Constructive/express Trusts
Source Language
English
Trust Property Equity Conditions Precedent Resulting Trust Revocation of Trust Rescission Constructive/express Trusts

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Poirier

Appellant / Defendant

Jean Baptiste Brulé

Respondent / Plaintiff

Edward Mainwaring Johnson

Defendant / Trustee

Procedural Posture

Appeal / Final Adjudication by Supreme Court of Canada on Appeal From Supreme Court of British Columbia

Legal Issues

  1. 1 Whether the covenants in the deed were conditions precedent to the grantee's acquisition of the beneficial interest
  2. 2 Whether failure by the grantee to perform those conditions caused the contingent trust to lapse and a resulting trust to arise in favour of the settlor
  3. 3 Whether the deed should be set aside for lack of understanding/undue influence or otherwise rescinded

Ratio Decidendi

The covenants to be performed by the grantee were conditions precedent to vesting the beneficial interest; the grantee's failure to perform caused the contingent trust to lapse, producing a resulting trust for the settlor, who as sole beneficiary could revoke and require reconveyance; accordingly the appeal is dismissed and reconveyance ordered.

Court Disposition

Appeal dismissed with costs; judgment of the court below affirmed directing reconveyance to respondent

Orders

  • Appellant to reconvey the lands and reassign the chattel property to the respondent forthwith
  • An account to be taken of the live stock and personal estate sold or disposed of by the appellant and value paid to respondent