Valade v. Lalonde

Valade v. Lalonde

The sale was upheld because evidence proved it operated as a dation en paiement of arrears of salary and was supported by possession and family recognition; therefore art.762's presumption of nullity did not apply and art.989 allowed that the instrument's expression of consideration was incorrect without invalidating the contract.

Citation
(1897) 27 SCR 551
Parties
Appellant/defendant: Telesphore Valade; Respondent/plaintiff: Augustin Lalonde and Another
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 June 1897
Procedural Posture
Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada / Hearing and Final Decision on Appeal (judgment on Merits)
Outcome
Appeal allowed; judgment of the Court of Appeal reversed; judgment of the Court of Revision (which found the sale valid) restored; plaintiffs' action dismissed.
Legal Topics
Sale, Donation in Contemplation of Death, Dation En Paiement, Nullity of Gifts, Consideration, Possession as Validating Circumstance
Source Language
English
Property Succession Contract Civil Code Interpretation Sale Donation in Contemplation of Death Dation En Paiement Nullity of Gifts +2 more

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Parties

Telesphore Valade

Appellant/defendant

Augustin Lalonde and Another

Respondent/plaintiff

Procedural Posture

Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada / Hearing and Final Decision on Appeal (judgment on Merits)

Legal Issues

  1. 1 Whether a deed of sale executed during the donor's mortal illness is void as a donation in contemplation of death under Civil Code art.762
  2. 2 Whether alleged unpaid wages and services can constitute valid consideration (dation en paiement) validating the transaction
  3. 3 Whether incorrect expression of consideration in the instrument invalidates the contract (art.989) and whether possession/family conduct can validate a transaction

Ratio Decidendi

The sale was upheld because evidence proved it operated as a dation en paiement of arrears of salary and was supported by possession and family recognition; therefore art.762's presumption of nullity did not apply and art.989 allowed that the instrument's expression of consideration was incorrect without invalidating the contract.

Court Disposition

Appeal allowed; judgment of the Court of Appeal reversed; judgment of the Court of Revision (which found the sale valid) restored; plaintiffs' action dismissed.

Orders

  • Deed declared valid and not null under art.762 C.C.
  • Action of the respondents dismissed with costs (costs awarded to appellant before all courts)