Delisle v. Arcand

Delisle v. Arcand

Possessory actions, by their nature requiring possession animo domini (à titre de propriétaire) and potentially raising defendant's rights to enter and work on the land, involve title questions in a secondary manner and are therefore appealable to the Supreme Court of Canada; accordingly the motion to quash the appeal was dismissed.

Citation
(1905) 36 SCR 23
Parties
Appellant / Plaintiff: Michel Siméon Delisle; Respondent / Defendant: Clovis Arcand
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 March 1905
Procedural Posture
Possessory Action; Appeal to Supreme Court of Canada / Motion to Quash Appeal From Judgment of Court of King's Bench, Province of Quebec
Outcome
Motion to quash dismissed with costs; appeal entertained.
Legal Topics
Possessory Action, Appealability, Title to Land, Jurisdictional Limits
Source Language
English
Property Law Civil Procedure Appellate Jurisdiction Possessory Action Appealability Title to Land Jurisdictional Limits

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 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michel Siméon Delisle

Appellant / Plaintiff

Clovis Arcand

Respondent / Defendant

Procedural Posture

Possessory Action; Appeal to Supreme Court of Canada / Motion to Quash Appeal From Judgment of Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether a possessory action is appealable to the Supreme Court of Canada
  2. 2 Whether the action involves title to land in a secondary manner (possession à titre de propriétaire)
  3. 3 Whether prior authorities distinguishing injunctions and personal claims apply to possessory appeals

Ratio Decidendi

Possessory actions, by their nature requiring possession animo domini (à titre de propriétaire) and potentially raising defendant's rights to enter and work on the land, involve title questions in a secondary manner and are therefore appealable to the Supreme Court of Canada; accordingly the motion to quash the appeal was dismissed.

Court Disposition

Motion to quash dismissed with costs; appeal entertained.

Orders

  • Motion to quash appeal dismissed with costs.