Garneau v. Diotte

Garneau v. Diotte

The lake and its usufructuary rights had been removed from the seigneurial domain by the 21 November 1848 concession to Martin Paquette (and by the adjoining concessions), were recognized by possession and cadastre under the 1854/1855 regime, and therefore could not be validly conveyed to the appellant by the 1911...

Source-derived case information.

Citation
[1927] SCR 261
Parties
Appellant / Plaintiff: Dame M. A. Garneau; Respondent / Defendant: Dame A. Diotte
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 March 1927
Procedural Posture
Appeal — Petitory Action (property) / Supreme Court of Canada Decision on Appeal From Court of King’s Bench, Quebec (appeal Side)
Outcome
Appeal dismissed with costs
Legal Topics
Ownership of Non Navigable Lakes, Droits De Grève (banks), Right of Way and Access, Interpretation of Deeds, Effect of Seigneurial Concessions and Cadastre
Source Language
english
Property Law Seigneurial Law Civil Law Ownership of Non Navigable Lakes Droits De Grève (banks) Right of Way and Access Interpretation of Deeds Effect of Seigneurial Concessions and Cadastre

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Parties

Dame M. A. Garneau

Appellant / Plaintiff

Dame A. Diotte

Respondent / Defendant

Procedural Posture

Appeal — Petitory Action (property) / Supreme Court of Canada Decision on Appeal From Court of King’s Bench, Quebec (appeal Side)

  1. 1 Whether appellant acquired ownership and exclusive rights (hunting, fishing, boating, access) to lac Guindon under 1911 deed
  2. 2 Whether description in deed as 'une terre' excludes a small lake within its limits
  3. 3 Whether prior 1848 seigneurial concession to Paquette and adjacent lots removed the lake from the seigneurial domain and precluded later transfer

Ratio Decidendi

The lake and its usufructuary rights had been removed from the seigneurial domain by the 21 November 1848 concession to Martin Paquette (and by the adjoining concessions), were recognized by possession and cadastre under the 1854/1855 regime, and therefore could not be validly conveyed to the appellant by the 1911 deed; moreover ownership of a non-navigable lake does not automatically grant exclusive rights to the banks or access without indemnity (art. 540 C.C.); accordingly the appellant's claim fails and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King’s Bench, appeal side, confirming dismissal of appellant’s petitory action and awarding costs to respondent