Bernard v. Amyot-Forget

Bernard v. Amyot-Forget

Majority held that the words 'children' and 'grandchildren' in the will are used without qualification and Article 980 C.C. applies; the clause 'c'est-à-dire à mes petits-enfants' is explanatory/tautological rather than limitative, so great‑grandchildren are included and entitled to the shares their parents would...

Source-derived case information.

Citation
[1953] 1 SCR 82
Parties
Appellants: Guy Bernard and Others; Respondents: Dame Albert Amyot-Forget and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 December 1952
Procedural Posture
Appeal / Final Appeal Judgment of the Supreme Court of Canada
Outcome
Appeal allowed
Legal Topics
Substitution (fiduciary Substitution), Representation Rule (art. 980 C.c.), Will Interpretation, Qualification of Terms ('c'est À Dire')
Source Language
english
Estates Succession Wills Civil Law (quebec) Substitution (fiduciary Substitution) Representation Rule (art. 980 C.c.) Will Interpretation Qualification of Terms ('c'est À Dire')

Source-derived case record

Summary, issues, holding and outcome

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Parties

Guy Bernard and Others

Appellants

Dame Albert Amyot-Forget and Others

Respondents

Procedural Posture

Appeal / Final Appeal Judgment of the Supreme Court of Canada

Legal Issues

  1. 1 Whether the terms 'children' and 'grandchildren' in the will include great‑grandchildren
  2. 2 Whether Article 980 Civil Code (rule of representation) applies
  3. 3 Whether the phrase 'c'est-à-dire' qualifies or limits the ordinary meaning of 'petits-enfants'

Ratio Decidendi

Majority held that the words 'children' and 'grandchildren' in the will are used without qualification and Article 980 C.C. applies; the clause 'c'est-à-dire à mes petits-enfants' is explanatory/tautological rather than limitative, so great‑grandchildren are included and entitled to the shares their parents would have received.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Declaration that appellants (great-grandchildren) are included as beneficiaries entitled to the shares their parents would have taken