Boulevard Heights v. Veilleux

Boulevard Heights v. Veilleux

Section 124(7) of the Alberta Land Titles Act renders agreements for sale of lots shown on unregistered subdivision plans legally inoperative; an innocent purchaser not in pari delicto may rescind such an agreement and recover moneys paid; a provincial amendment enacted after the lower court's judgment that is not declaratory cannot be applied by this Court on appeal to defeat rights established under the law as it stood when the lower court decided the case.

Citation
(1915) 52 SCR 185
Parties
Appellant (defendant): Boulevard Heights, Limited; Respondent (plaintiff): Charles B. Veilleux
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 November 1915
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed
Legal Topics
Registration of Subdivision Plans, Illegality of Contracts, Rescission and Restitution, Retrospective Legislation, Vendor and Purchaser Liability
Source Language
English
Property Law Contract Law Equity Statutory Interpretation Civil Procedure Registration of Subdivision Plans Illegality of Contracts Rescission and Restitution +2 more

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Parties

Boulevard Heights, Limited

Appellant (defendant)

Charles B. Veilleux

Respondent (plaintiff)

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Does s.124(7) of the Alberta Land Titles Act render agreements for sale of lots on unregistered subdivision plans legally inoperative?
  2. 2 Can an innocent purchaser rescind and recover moneys paid under a contract rendered illegal by statute?
  3. 3 Does a provincial amendment enacted after the lower court judgment but before disposition of the appeal bind this Court or alter the rights on appeal?

Ratio Decidendi

Section 124(7) of the Alberta Land Titles Act renders agreements for sale of lots shown on unregistered subdivision plans legally inoperative; an innocent purchaser not in pari delicto may rescind such an agreement and recover moneys paid; a provincial amendment enacted after the lower court's judgment that is not declaratory cannot be applied by this Court on appeal to defeat rights established under the law as it stood when the lower court decided the case.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment of the Appellate Division of the Supreme Court of Alberta affirmed