Bernier v. Paradis

Bernier v. Paradis

The agreement was made to accomplish a result contrary to the statutory public policy governing colonization lands (R.S.Q. 1909 s.1572) and was therefore void ab initio; the later order-in-council reclassifying the lots and issuing patents without conditions did not validate an originally illegal and fraudulent contract.

Citation
(1921) 62 SCR 217
Parties
Appellant (defendant): Daniel Bernier; Respondent (plaintiff): Alfred Paradis
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 June 1921
Procedural Posture
Appeal From Court of King's Bench, Province of Quebec / Supreme Court of Canada Decision on Appeal
Outcome
Appeal allowed; judgment of the Court of King's Bench reversed; judgment of trial judge restored.
Legal Topics
Crown Lands, Colonization Land Regulations, Location Tickets, Illegality and Public Policy, Fraud on the Crown, Order in Council Effect
Source Language
English
Property Administrative Law Contract Law Public Law Crown Lands Colonization Land Regulations Location Tickets Illegality and Public Policy +2 more

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Parties

Daniel Bernier

Appellant (defendant)

Alfred Paradis

Respondent (plaintiff)

Procedural Posture

Appeal From Court of King's Bench, Province of Quebec / Supreme Court of Canada Decision on Appeal

Legal Issues

  1. 1 Whether contract to sell timber rights on colonization lots was enforceable given statutory prohibition on alienation of location-ticket lands for five years
  2. 2 Whether sale of timber rights constituted an alienation or sale of part of the lots within s.1572 R.S.Q. (1909)
  3. 3 Whether a subsequent order-in-council reclassifying lands and issuing patents without conditions validated an earlier illegal contract

Ratio Decidendi

The agreement was made to accomplish a result contrary to the statutory public policy governing colonization lands (R.S.Q. 1909 s.1572) and was therefore void ab initio; the later order-in-council reclassifying the lots and issuing patents without conditions did not validate an originally illegal and fraudulent contract.

Court Disposition

Appeal allowed; judgment of the Court of King's Bench reversed; judgment of trial judge restored.

Orders

  • Appeal allowed
  • Judgment of the Court of King's Bench reversed