Robertson v. La Commission des Liqueurs de Québec
The appeal was dismissed because the evidence did not establish that the appellant was the real owner of the vessel; the appellant failed to prove title and therefore his action for recovery could not succeed.
Source-derived case information.
- Citation
- [1933] SCR 246
- Parties
- Appellant / Plaintiff (claimant Owner): Robertson; Respondent (provincial Liquor Commission): La Commission des Liqueurs de Québec
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 28 November 1932
- Procedural Posture
- Appeal From Court of King’s Bench (quebec); Civil Action for Revendication of Vessel Following Seizure Under Provincial Penal Statute / Supreme Court of Canada Final Appeal; Judgment Delivered
- Outcome
- Appeal dismissed with costs; lower court judgment affirmed.
- Legal Topics
- Seizure and Forfeiture, Revendication, Ownership Dispute, Confiscation Under Provincial Statute
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Robertson
Appellant / Plaintiff (claimant Owner)
La Commission des Liqueurs de Québec
Respondent (provincial Liquor Commission)
Procedural Posture
Appeal From Court of King’s Bench (quebec); Civil Action for Revendication of Vessel Following Seizure Under Provincial Penal Statute / Supreme Court of Canada Final Appeal; Judgment Delivered
Legal Issues
- 1 Whether the appellant established title to the seized vessel
- 2 Whether a revendication action can succeed where evidence does not establish the real owner
- 3 Effect of a seizure under provincial penal statute on a subsequent claim for recovery
Ratio Decidendi
The appeal was dismissed because the evidence did not establish that the appellant was the real owner of the vessel; the appellant failed to prove title and therefore his action for recovery could not succeed.
Court Disposition
Appeal dismissed with costs; lower court judgment affirmed.
Orders
- Appeal dismissed with costs.
- Judgment of the Court of King’s Bench, appeal side, affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
Robertson v. La Commission des Liqueurs de Québec Collection Supreme Court Judgments Date 1932-11-28 Report [1933] SCR 246 Judges Rinfret, Thibaudeau; Lamont, John Henderson; Smith, Robert; Cannon, Lawrence Arthur Dumoulin; Crocket, Oswald Smith On appeal from Quebec Subjects Criminal law Decision Content Supreme Court of Canada Robertson v. La Commission des Liqueurs de Québec, [1933] S.C.R. 246 Date: 1932-11-28. Robertson v. La Commission Des Liqueurs De Quebec 1932: October 27; 1932: November 28. Present: Rinfret, Lamont, Smith, Cannon and Crocket JJ. ON APPEAL FROM THE COURT OF KING’S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC Penal law—Illegal conveying of liquors—Boat confiscated and later stolen—Revendication by the owner APPEAL by the plaintiff appellant from the decision of the Court of King’s Bench, appeal side, province of Quebec[1], affirming the judgment of the Superior Court, Bouffard J., and dismissing the appellant’s action. The action was brought by the appellant against the respondent to recover possession of a vessel which he alleged he owned and which was seized at the instance of the respondent when transporting alcohol contrary to the provisions of a provincial statute. The trial judge held that the appellant had not established title to the vessel, and his judgment was affirmed by the appellate court. On the appeal to this Court, after hearing argument of counsel, the Court reserved judgment, and on a subsequent day delivered judgment dismissing the appeal with costs, holding that, if the evidence did not establish who the real owners of the vessel were, it did establish that the appellant was not the real owner and that, consequently, his action must fail. Appeal dismissed with costs. Armand La Vergne K.C. and Jos. La Vergne for the appellant. Charles Lanctot K.C. and F. Choquette K.C. for the respondent. [1] (1932) Q.R. 5 4 K.B. 10.