Lord v. Ville de Saint-Jean

Lord v. Ville de Saint-Jean

The majority held that the municipality acquired ownership of the sidewalk strip by abandonment (dedication) of the land for public use which was accepted and acted on by the municipal authority; the long continued construction and maintenance of the sidewalk and municipal acceptance established municipal title and the riparian encroachments did not defeat that title.

Citation
(1921) 61 SCR 535
Parties
Appellant (plaintiff): Narcisse Lord; Respondent (defendant): La Ville de Saint-Jean
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 February 1921
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed with costs.
Legal Topics
Dedication, Prescription of Public Ways, Servitude, Sidewalk Ownership, Boundary Dispute
Source Language
English
Municipal Law Property Law Civil Law (quebec) Prescription Law Dedication Prescription of Public Ways Servitude Sidewalk Ownership +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 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Narcisse Lord

Appellant (plaintiff)

La Ville de Saint-Jean

Respondent (defendant)

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether the municipality owns the strip of land used as a sidewalk
  2. 2 Whether ownership arose by documentary title, by dedication (abandonment) accepted by the municipality, or by thirty years prescription
  3. 3 Whether encroachments by the riparian owner (steps, projecting cornices, drain) rendered municipal possession equivocal and defeated prescription or dedication

Ratio Decidendi

The majority held that the municipality acquired ownership of the sidewalk strip by abandonment (dedication) of the land for public use which was accepted and acted on by the municipal authority; the long continued construction and maintenance of the sidewalk and municipal acceptance established municipal title and the riparian encroachments did not defeat that title.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Judgments below (trial court and Court of King's Bench, appeal side) affirmed and the boundary line adopted by the surveyors and courts maintained.