David v. Ville de Jacques-Cartier

David v. Ville de Jacques-Cartier

The presumption that a subdivider has included the value of streets in lot prices extends to ordinary street opening works; the evidence did not rebut that presumption here, so no indemnity for those works was payable under the statute, and the appeal is dismissed.

Source-derived case information.

Citation
[1959] SCR 797
Parties
Appellant (owner/subdivider): Dame Clorinthe David (as successor to Joseph-Napoléon Lamarre); Respondent (municipality): La Ville de Jacques-Cartier
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 November 1959
Procedural Posture
Expropriation (municipal) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench (appeal Side), Province of Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of Queen's Bench, Appeal Side, affirmed.
Legal Topics
Expropriation of Streets, Subdivision Obligations, Indemnity for Street Opening Works, Presumption as to Inclusion of Street Value in Lot Price
Source Language
english
Municipal Law Property Law Expropriation Law Statutory Interpretation Expropriation of Streets Subdivision Obligations Indemnity for Street Opening Works Presumption as to Inclusion of Street Value in Lot Price

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Parties

Dame Clorinthe David (as successor to Joseph-Napoléon Lamarre)

Appellant (owner/subdivider)

La Ville de Jacques-Cartier

Respondent (municipality)

Procedural Posture

Expropriation (municipal) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench (appeal Side), Province of Quebec

Legal Issues

  1. 1 Whether indemnity is payable for works of opening streets laid out by the subdivider when statute bars indemnity for land destined for streets
  2. 2 Whether costs of opening streets are presumed included in the sale price of lots and thus not separately compensable
  3. 3 Whether the statutory term "terrain" includes ordinary works of opening a street

Ratio Decidendi

The presumption that a subdivider has included the value of streets in lot prices extends to ordinary street opening works; the evidence did not rebut that presumption here, so no indemnity for those works was payable under the statute, and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Queen's Bench, Appeal Side, affirmed.

Orders

  • Appeal dismissed with costs.