City of Quebec v. The North Shore Railway Co.

City of Quebec v. The North Shore Railway Co.

The description 'Henderson Street' in the deed must be read in its plain, existing-ground sense; prior correspondence did not constitute the whole concluded agreement and cannot modify the final notarial deed; the parties' long possession without objection created a presumption against the respondent; ambiguities must be construed against the vendee; therefore the disputed wharf and strip were not conveyed by the 21 August 1882 deed and the appeal is allowed.

Citation
(1897) 27 SCR 102
Parties
Appellant / Defendant: City of Quebec; Respondent / Plaintiff: The North Shore Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 January 1897
Procedural Posture
Civil Appeal (property) / On Appeal From the Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal allowed with costs; judgment of the Court of Queen's Bench for Lower Canada (appeal side) reversed; respondent's claim for the disputed wharf and strip dismissed
Legal Topics
Deed Construction, Boundary Disputes, Use of Prior Correspondence to Interpret Contracts, Possession and Presumption of Title, Vesting of Corporate Property
Source Language
English
Property Law Civil Contract Law Municipal Law Deed Construction Boundary Disputes Use of Prior Correspondence to Interpret Contracts Possession and Presumption of Title Vesting of Corporate Property

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Parties

City of Quebec

Appellant / Defendant

The North Shore Railway Company

Respondent / Plaintiff

Procedural Posture

Civil Appeal (property) / On Appeal From the Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether the property (quays/wharf) claimed by respondent was conveyed by the 21 August 1882 deed
  2. 2 Whether prior correspondence may be used to contradict or modify the final notarial deed
  3. 3 Whether long possession and conduct of the parties creates a presumption as to the boundaries and ownership

Ratio Decidendi

The description 'Henderson Street' in the deed must be read in its plain, existing-ground sense; prior correspondence did not constitute the whole concluded agreement and cannot modify the final notarial deed; the parties' long possession without objection created a presumption against the respondent; ambiguities must be construed against the vendee; therefore the disputed wharf and strip were not conveyed by the 21 August 1882 deed and the appeal is allowed.

Court Disposition

Appeal allowed with costs; judgment of the Court of Queen's Bench for Lower Canada (appeal side) reversed; respondent's claim for the disputed wharf and strip dismissed

Orders

  • Appeal allowed with costs
  • Judgment of the Court of Queen's Bench for Lower Canada reversed