Kerrigan v. Harrison

Kerrigan v. Harrison

The covenant was a promise to maintain a defined existing road and did not obligate the grantor to reconstruct or provide a substituted right of way after the site was destroyed by encroaching lake waters; destruction of the roadbed without the grantor’s fault made performance impossible or illegal and discharged the covenant, so the appeal is dismissed.

Citation
(1921) 62 SCR 374
Parties
Plaintiff/appellant: Edythe Kerrigan; Defendant/respondent: Emma M. Harrison
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 October 1921
Procedural Posture
Appeal / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario; Final Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Covenant to Maintain Right of Way, Impossibility of Performance/frustration, Right of Way and Easements, Erosion and Crown Reversion
Source Language
English
Property Law Contract Law Covenant to Maintain Right of Way Impossibility of Performance/frustration Right of Way and Easements Erosion and Crown Reversion

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Parties

Edythe Kerrigan

Plaintiff/appellant

Emma M. Harrison

Defendant/respondent

Procedural Posture

Appeal / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario; Final Judgment

Legal Issues

  1. 1 Whether covenant to maintain a defined road runs with the land and is enforceable by an assignee of part of the land
  2. 2 Whether destruction of the road by encroaching lake waters excuses performance of the covenant
  3. 3 Whether title reversion or interference with navigation makes performance illegal or impossible

Ratio Decidendi

The covenant was a promise to maintain a defined existing road and did not obligate the grantor to reconstruct or provide a substituted right of way after the site was destroyed by encroaching lake waters; destruction of the roadbed without the grantor’s fault made performance impossible or illegal and discharged the covenant, so the appeal is dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.