Thompson v. Fraser Companies Ltd.

Thompson v. Fraser Companies Ltd.

The Prince William grant, to which the Saunders grant expressly referred, controlled the dimensions and locality of the excepted lots; the 92- and 81-chain distances shown on the Saunders plan were subordinate and erroneous in light of the prior grant and the physical situation, so the disputed rear strip remained excepted and the plaintiff failed to prove title to it; additionally, failure to request a particular jury direction at trial precluded a new trial on that ground.

Citation
[1930] SCR 109
Parties
Defendant Appellant: Thomas Thompson; Plaintiff Respondent: Fraser Companies, Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 June 1929
Procedural Posture
Appeal Civil: Real Property (trespass, Title, Boundary) / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick, Appeal Division
Outcome
Appeal allowed; judgment of the Supreme Court of New Brunswick, Appeal Division reversed; verdict of the jury and judgment of the trial judge restored in favour of the defendant; costs awarded to appellant in this Court and in the Appeal Division.
Legal Topics
Crown Grant Interpretation, Exception From Grant, Plan Vs. Prior Grant Description, Trespass, Possessory Title, Trial Direction and New Trial
Source Language
English
Property Law Real Property Title Boundary Disputes Crown Grants Crown Grant Interpretation Exception From Grant Plan Vs. Prior Grant Description +3 more

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Parties

Thomas Thompson

Defendant Appellant

Fraser Companies, Limited

Plaintiff Respondent

Procedural Posture

Appeal Civil: Real Property (trespass, Title, Boundary) / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick, Appeal Division

Legal Issues

  1. 1 Whether the excepted lots in the 1819 Saunders grant are defined by the distances shown on the Saunders plan (92 and 81 chains) or by reference to the earlier 1786 Prince William grant and the designed road shown thereon
  2. 2 Whether the plaintiff proved title to the disputed rear portion between the Church grant line and the designed road
  3. 3 Whether omission by trial judge to give a particular direction to the jury warranted a new trial when counsel did not request that direction

Ratio Decidendi

The Prince William grant, to which the Saunders grant expressly referred, controlled the dimensions and locality of the excepted lots; the 92- and 81-chain distances shown on the Saunders plan were subordinate and erroneous in light of the prior grant and the physical situation, so the disputed rear strip remained excepted and the plaintiff failed to prove title to it; additionally, failure to request a particular jury direction at trial precluded a new trial on that ground.

Court Disposition

Appeal allowed; judgment of the Supreme Court of New Brunswick, Appeal Division reversed; verdict of the jury and judgment of the trial judge restored in favour of the defendant; costs awarded to appellant in this Court and in the Appeal Division.

Orders

  • Appeal allowed with costs in this Court and the Appeal Division
  • Verdict of the jury and judgment of the trial judge restored