Parent v. Quebec North Shore Turnpike Road Trustees

Parent v. Quebec North Shore Turnpike Road Trustees

The appeal is dismissed because the plaintiff failed to prove title to the disputed strip of land and, in any event, the evidence established that the defendants' toll-house projections and windows remained with the knowledge and tacit consent of prior owners and the plaintiff's predecessors so demolition could not be required while the building remains as constructed.

Citation
(1901) 31 SCR 556
Parties
Appellant/plaintiff: Leon Parent; Respondents/defendants: Quebec North Shore Turnpike Road Trustees
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 November 1901
Procedural Posture
Appeal / On Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec (appeal Side)
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench restored; Superior Court judgment dismissing plaintiff's action upheld.
Legal Topics
Trespass, Servitude, Right of View, Boundary, Waiver, Possessory Vs Pétitoire Actions, Burden of Proof
Source Language
English
Property Law Trespass Servitude Right of View Boundary Waiver Possessory Vs Pétitoire Actions Burden of Proof

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Parties

Leon Parent

Appellant/plaintiff

Quebec North Shore Turnpike Road Trustees

Respondents/defendants

Procedural Posture

Appeal / On Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec (appeal Side)

Legal Issues

  1. 1 Whether the plaintiff proved title to the disputed strip of land
  2. 2 Whether the action is possessory or pétitoire and the consequences for relief
  3. 3 Whether prior knowledge/consent/waiver by plaintiff or predecessors bars demolition of the existing structure

Ratio Decidendi

The appeal is dismissed because the plaintiff failed to prove title to the disputed strip of land and, in any event, the evidence established that the defendants' toll-house projections and windows remained with the knowledge and tacit consent of prior owners and the plaintiff's predecessors so demolition could not be required while the building remains as constructed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench restored; Superior Court judgment dismissing plaintiff's action upheld.

Orders

  • Appeal dismissed with costs
  • Judgment of Court of King's Bench, appeal side, restored