Club de chasse et de pêche Ste. Anne v. Rivière-Ouelle Pulp and Lumber Co.

Club de chasse et de pêche Ste. Anne v. Rivière-Ouelle Pulp and Lumber Co.

Crown lessees of fishing and hunting privileges have standing to recover damages for loss of enjoyment caused by the defendant's dam; timber‑licensees may construct works to facilitate flotation under the provincial statutes but those powers do not eliminate liability — such works must be exercised reasonably and, depending on interpretation, either are limited to freshets or otherwise are exercisable only subject to compensation for injuries caused.

Citation
(1911) 45 SCR 1
Parties
Appellant / Plaintiff: Club de chasse et de pêche Ste. Anne; Respondent / Defendant: Rivière-Ouelle Pulp and Lumber Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 February 1911
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec; Final Disposition
Outcome
Appeal allowed in part; judgment below awarding damages to appellants restored; injunctive relief limited and demolition of dam refused.
Legal Topics
Fishery and Game Leases, Timber Floating Rights, Construction of Statute, Damages for Flooding, Injunction and Demolition of Works, Expropriation Procedures, Possessory Action/standing
Source Language
English
Property Statutory Interpretation Riparian Rights Fishery and Wildlife Law Tort Damages Equity Injunction Fishery and Game Leases Timber Floating Rights +5 more

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Parties

Club de chasse et de pêche Ste. Anne

Appellant / Plaintiff

Rivière-Ouelle Pulp and Lumber Company

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec; Final Disposition

Legal Issues

  1. 1 Do Crown fishing and hunting lessees have standing to sue for damages caused by third‑party dams?
  2. 2 Do statutes (R.S.Q. arts.7298‑7299 and related provisions) authorize construction and use of storage dams to facilitate timber flotation?
  3. 3 Is the statutory authority to construct/use such works limited to spring/summer/autumn freshets or exercisable at all seasons?

Ratio Decidendi

Crown lessees of fishing and hunting privileges have standing to recover damages for loss of enjoyment caused by the defendant's dam; timber‑licensees may construct works to facilitate flotation under the provincial statutes but those powers do not eliminate liability — such works must be exercised reasonably and, depending on interpretation, either are limited to freshets or otherwise are exercisable only subject to compensation for injuries caused.

Court Disposition

Appeal allowed in part; judgment below awarding damages to appellants restored; injunctive relief limited and demolition of dam refused.

Orders

  • Restore judgment of Superior Court awarding damages to appellants in the amount of 400 (four hundred) piastres with interest from 11 May 1908 and costs
  • Appeal allowed in part with costs