The King v. Bonhomme

The King v. Bonhomme

The Supreme Court affirmed the Exchequer Court's dismissal of the information, concluding that the Island of St. Nicholas was not proven to be part of the Caughnawaga Reserve and that the respondent's title/possession, based on the provincial sale, stood; accordingly the appellant's claim failed.

Citation
(1918) 59 SCR 679
Parties
Appellant (plaintiff): His Majesty The King (Attorney-General of Canada); Respondent (defendant/purchaser): Bonhomme
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 June 1918
Procedural Posture
Information of Intrusion Concerning Title to Land Alleged to Be Part of an Indian Reserve / On Appeal to the Supreme Court of Canada From the Exchequer Court (judgment Affirmed, Appeal Dismissed June 10, 1918)
Outcome
Appeal dismissed; judgment of the Exchequer Court affirmed.
Legal Topics
Indian Reserve, Adverse Possession, Crown/provincial Grant, Possession and Title
Source Language
English
Aboriginal Law Property Law Land Title Indian Reserve Adverse Possession Crown/provincial Grant Possession and Title

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

His Majesty The King (Attorney-General of Canada)

Appellant (plaintiff)

Bonhomme

Respondent (defendant/purchaser)

Procedural Posture

Information of Intrusion Concerning Title to Land Alleged to Be Part of an Indian Reserve / On Appeal to the Supreme Court of Canada From the Exchequer Court (judgment Affirmed, Appeal Dismissed June 10, 1918)

Legal Issues

  1. 1 Whether the Island of St. Nicholas formed part of the Caughnawaga Indian Reserve
  2. 2 Whether the Province of Quebec validly held and sold the island in 1906
  3. 3 Whether the Crown/Indians could obtain possession against the respondent on the facts (adverse possession/possession dispute)

Ratio Decidendi

The Supreme Court affirmed the Exchequer Court's dismissal of the information, concluding that the Island of St. Nicholas was not proven to be part of the Caughnawaga Reserve and that the respondent's title/possession, based on the provincial sale, stood; accordingly the appellant's claim failed.

Court Disposition

Appeal dismissed; judgment of the Exchequer Court affirmed.

Orders

  • Appeal dismissed with costs; judgment of the Exchequer Court affirmed.