Fulton v. Creelman

Fulton v. Creelman

Majority: the evidence of long uninterrupted public user together with supporting circumstances (remains of habitation, evidence of an old bridge, historic proprietors' minutes) justified a presumption of dedication and established a public highway across the plaintiffs' lands; therefore the Supreme Court of Nova Scotia en banc was correct to hold the road existed and dismiss the plaintiffs' trespass action. Dissent: evidence was insufficient and the locus uncertain, so cannot sustain finding of dedication.

Citation
[1931] SCR 221
Parties
Plaintiff Appellant: Hedley T. Fulton; Plaintiff Appellant: Minnie Patterson; Plaintiff Appellant: Mabel Fulton; Defendant Respondent: William P. Creelman
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 December 1930
Procedural Posture
Trespass (claim Concerning Public Right of Way/dedication) / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia En Banc
Outcome
Appeal dismissed with costs.
Legal Topics
Dedication, Public Highway, Presumption of Dedication, Admissibility of Ancient Documents, Inference From Uninterrupted User
Source Language
English
Property Law Easements and Rights of Way Evidence Dedication Public Highway Presumption of Dedication Admissibility of Ancient Documents Inference From Uninterrupted User

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Parties

Hedley T. Fulton

Plaintiff Appellant

Minnie Patterson

Plaintiff Appellant

Mabel Fulton

Plaintiff Appellant

William P. Creelman

Defendant Respondent

Procedural Posture

Trespass (claim Concerning Public Right of Way/dedication) / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia En Banc

Legal Issues

  1. 1 Whether evidence established dedication of a public highway across the plaintiffs' land
  2. 2 Whether long uninterrupted public user gives rise to a presumption of dedication sufficient to establish a public road against the Crown
  3. 3 Whether an ancient proprietors' registry book was admissible and could prove dedication

Ratio Decidendi

Majority: the evidence of long uninterrupted public user together with supporting circumstances (remains of habitation, evidence of an old bridge, historic proprietors' minutes) justified a presumption of dedication and established a public highway across the plaintiffs' lands; therefore the Supreme Court of Nova Scotia en banc was correct to hold the road existed and dismiss the plaintiffs' trespass action. Dissent: evidence was insufficient and the locus uncertain, so cannot sustain finding of dedication.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal to the Supreme Court of Canada dismissed with costs
  • Judgment of the Supreme Court of Nova Scotia en banc affirming existence of the public road and dismissing plaintiffs' action for trespass and injunction is affirmed