St-Léonard (City of) v. Narbo Investment Corp.

St-Léonard (City of) v. Narbo Investment Corp.

Dedication requires clear, unequivocal evidence of the owner's intention to abandon the land to the public (animus dedicandi); the party alleging dedication bears the burden of proof; registration of a subdivision plan and a book of reference indicating streets is insufficient alone to establish dedication, therefore compensation must be determined by the competent tribunal.

Citation
[1978] 2 SCR 864
Parties
Appellant (expropriating Party): City of St-Léonard; Respondent (expropriated Party): Narbo Investment Corp.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 May 1978
Procedural Posture
Expropriation Appeal / Appeal From the Court of Appeal for Quebec to the Supreme Court of Canada
Outcome
Appeal dismissed
Legal Topics
Dedication, Cadastral Subdivision, Burden of Proof, Animus Dedicandi, Indemnity
Source Language
English
Expropriation Property Law Municipal Law Cadastral Law Dedication Cadastral Subdivision Burden of Proof Animus Dedicandi +1 more

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Parties

City of St-Léonard

Appellant (expropriating Party)

Narbo Investment Corp.

Respondent (expropriated Party)

Procedural Posture

Expropriation Appeal / Appeal From the Court of Appeal for Quebec to the Supreme Court of Canada

Legal Issues

  1. 1 Whether registration of a subdivision plan and deposit of a book of reference constitute a dedication of land to the public and municipality
  2. 2 Who bears the burden of proof to establish dedication
  3. 3 Whether nominal compensation was appropriate in the circumstances

Ratio Decidendi

Dedication requires clear, unequivocal evidence of the owner's intention to abandon the land to the public (animus dedicandi); the party alleging dedication bears the burden of proof; registration of a subdivision plan and a book of reference indicating streets is insufficient alone to establish dedication, therefore compensation must be determined by the competent tribunal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Matter referred back to the competent tribunal for fixing the appropriate indemnity