Cantin v. Bérubé

Cantin v. Bérubé

The Court held that because the defendants' possession originated from a promise of sale and vendor-purchaser relations, the action for use and occupation did not lie; the plaintiff's remedy was actio ex vendito or reddition de compte, and the vendor's failure to complete and long delay barred conversion of the purchaser into a tenant liable for occupancy.

Citation
(1906) 37 SCR 627
Parties
Appellant / Plaintiff: Antoine Abais Cantin; Respondent / Defendant: Louis Bérubé
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 October 1906
Procedural Posture
Appeal to Supreme Court of Canada (civil: Sale/real Property) / On Appeal From Superior Court, Sitting in Review, Quebec
Outcome
Appeal dismissed; judgment of the Superior Court, sitting in review, affirmed.
Legal Topics
Use and Occupation, Promise of Sale, Vendor and Purchaser, Reddition De Compte, Actio Ex Vendito, Tenant by Sufferance
Source Language
English
Sale Property Contract Civil Procedure Use and Occupation Promise of Sale Vendor and Purchaser Reddition De Compte +2 more

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Parties

Antoine Abais Cantin

Appellant / Plaintiff

Louis Bérubé

Respondent / Defendant

Procedural Posture

Appeal to Supreme Court of Canada (civil: Sale/real Property) / On Appeal From Superior Court, Sitting in Review, Quebec

Legal Issues

  1. 1 Whether an action for use and occupation lies where possession began and continued under a promise of sale
  2. 2 Whether the plaintiff may recover value of occupation instead of pursuing actio ex vendito or reddition de compte
  3. 3 Effect of vendor's failure to discharge encumbrance and delay on available remedies

Ratio Decidendi

The Court held that because the defendants' possession originated from a promise of sale and vendor-purchaser relations, the action for use and occupation did not lie; the plaintiff's remedy was actio ex vendito or reddition de compte, and the vendor's failure to complete and long delay barred conversion of the purchaser into a tenant liable for occupancy.

Court Disposition

Appeal dismissed; judgment of the Superior Court, sitting in review, affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of Superior Court, sitting in review, affirming dismissal of plaintiff's action, confirmed