Grand Trunk Ry. Co. v. Canadian Pacific Ry. Co.

Grand Trunk Ry. Co. v. Canadian Pacific Ry. Co.

The Court held that the parties intended the acquired parcel, whatever it proved to be, to be divided equally according to the originally agreed principle; therefore the Canadian Pacific Railway was entitled to one-half of the land actually acquired by the Grand Trunk Railway (17.91 acres) and specific performance directing conveyance on payment of half the purchase money (with interest) was ordered, and no reference to the Master was required for division.

Citation
(1907) 39 SCR 220
Parties
Appellant / Defendant: Grand Trunk Railway Company of Canada; Respondent / Plaintiff: Canadian Pacific Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1907
Procedural Posture
Specific Performance (property) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed with costs. Court of Appeal judgment confirmed except varied to eliminate the reference to the Master; respondents entitled to one-half of the land actually acquired and to decree for conveyance on payment of one-half the purchase price with interest.
Legal Topics
Specific Performance, Tender, Partition of Land, Option to Purchase, Reservation of Land
Source Language
English
Property Law Equity Contract Law Specific Performance Tender Partition of Land Option to Purchase Reservation of Land

Case Brief

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Parties

Grand Trunk Railway Company of Canada

Appellant / Defendant

Canadian Pacific Railway Company

Respondent / Plaintiff

Procedural Posture

Specific Performance (property) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the respondent is entitled to one-half of the land actually acquired by the appellant despite the Crown reserving a portion
  2. 2 Whether specific performance of the agreement to divide land should be ordered
  3. 3 Whether a reference to the Master is necessary to effect the division and apportionment of purchase price

Ratio Decidendi

The Court held that the parties intended the acquired parcel, whatever it proved to be, to be divided equally according to the originally agreed principle; therefore the Canadian Pacific Railway was entitled to one-half of the land actually acquired by the Grand Trunk Railway (17.91 acres) and specific performance directing conveyance on payment of half the purchase money (with interest) was ordered, and no reference to the Master was required for division.

Court Disposition

Appeal dismissed with costs. Court of Appeal judgment confirmed except varied to eliminate the reference to the Master; respondents entitled to one-half of the land actually acquired and to decree for conveyance on payment of one-half the purchase price with interest.

Orders

  • Appeal dismissed with costs
  • Cross-appeal allowed in respect of reference to the Master; reference discharged