Lareau v. Poirier

Lareau v. Poirier

Majority held the contract of sale was complete upon the purchaser’s unconditional acceptance even though the precise date for the deferred instalment was omitted, and the purchaser’s request that the vendor send titles and the registrar’s certificate to his notary was a request for information not a new contractual...

Source-derived case information.

Citation
(1915) 51 SCR 637
Parties
Appellant (defendant): Marie‑Louise Lareau; Respondent (plaintiff): Ferdinand Poirier
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1915
Procedural Posture
Civil Appeal (sale of Land) / Supreme Court of Canada Decision on Appeal From Court of King’s Bench, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of King’s Bench (appeal side) affirmed.
Legal Topics
Sale of Land, Specific Performance, Deferred Payment, Delivery of Title Documents, Contract Formation, Acceptance, Registrar's Certificate
Source Language
english
Property Contract Civil Procedure Quebec Civil Law Sale of Land Specific Performance Deferred Payment Delivery of Title Documents +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Marie‑Louise Lareau

Appellant (defendant)

Ferdinand Poirier

Respondent (plaintiff)

Procedural Posture

Civil Appeal (sale of Land) / Supreme Court of Canada Decision on Appeal From Court of King’s Bench, Province of Quebec

Legal Issues

  1. 1 Whether a contract for sale of land is complete and enforceable when the date for a deferred instalment is omitted
  2. 2 Whether purchaser’s request that vendor send title documents to his notary in the acceptance letter constituted a stipulation of a new term preventing formation
  3. 3 Whether vendor is obliged to deliver title deeds including the registrar’s certified abstract

Ratio Decidendi

Majority held the contract of sale was complete upon the purchaser’s unconditional acceptance even though the precise date for the deferred instalment was omitted, and the purchaser’s request that the vendor send titles and the registrar’s certificate to his notary was a request for information not a new contractual condition; therefore specific performance (delivery of deed and title documents) could be enforced against the vendor.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King’s Bench (appeal side) affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King’s Bench affirmed