Randall v. McLaughlin et al.

Randall v. McLaughlin et al.

The conveyance unequivocally created a joint tenancy in favour of McLaughlin and the deceased; regular receipt by McLaughlin of one‑half the net rents meant no one was in adverse possession or exclusively possessed so as to invoke The Limitations Act against him, and McLaughlin’s title was therefore not barred nor was he guilty of laches; conversely claims for rents against the executrices were time‑barred where payments did not pass through them within six years of the action and s.48(1)(g) applied.

Citation
[1950] SCR 291
Parties
Plaintiff/respondent: Lorne T. McLaughlin; Defendant/appellant: Charles B. Randall; Defendant/respondent (executrix of Estate of Irene Hill, Deceased): Effie Mitchell; Defendant/respondent (executrix of Estate of Irene Hill, Deceased): Blanche Summers; Defendant/respondent (executrix of Estate of Irene Hill, Deceased): Madeline Latimer
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 January 1950
Procedural Posture
Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario / Final Appellate Judgment; Appeal and Cross Appeal Decided
Outcome
Appeal and cross‑appeal dismissed; judgment of the Court of Appeal for Ontario affirmed that McLaughlin is sole owner as surviving joint tenant.
Legal Topics
Joint Tenancy, Tenancy in Common, Limitation of Actions, Laches, Declaration of Title, Rents and Profits
Source Language
English
Property Law Limitations Law Equity Joint Tenancy Tenancy in Common Limitation of Actions Laches Declaration of Title +1 more

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Parties

Lorne T. McLaughlin

Plaintiff/respondent

Charles B. Randall

Defendant/appellant

Effie Mitchell

Defendant/respondent (executrix of Estate of Irene Hill, Deceased)

Blanche Summers

Defendant/respondent (executrix of Estate of Irene Hill, Deceased)

Madeline Latimer

Defendant/respondent (executrix of Estate of Irene Hill, Deceased)

Procedural Posture

Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario / Final Appellate Judgment; Appeal and Cross Appeal Decided

Legal Issues

  1. 1 Whether the conveyance created a joint tenancy or a tenancy in common
  2. 2 Whether receipt of one-half of rents by co‑occupants barred the survivor's title under The Limitations Act
  3. 3 Whether the respondent's claim was barred by laches

Ratio Decidendi

The conveyance unequivocally created a joint tenancy in favour of McLaughlin and the deceased; regular receipt by McLaughlin of one‑half the net rents meant no one was in adverse possession or exclusively possessed so as to invoke The Limitations Act against him, and McLaughlin’s title was therefore not barred nor was he guilty of laches; conversely claims for rents against the executrices were time‑barred where payments did not pass through them within six years of the action and s.48(1)(g) applied.

Court Disposition

Appeal and cross‑appeal dismissed; judgment of the Court of Appeal for Ontario affirmed that McLaughlin is sole owner as surviving joint tenant.

Orders

  • Respondent McLaughlin declared sole owner of property at 154 Cowan Ave., Toronto
  • Claim against executrices for rents and profits barred by The Limitations Act, s.48(1)(g) and dismissed