Dulac v. Nadeau

Dulac v. Nadeau

Appeal allowed: the promise of sale did not operate as an automatic suspensive nullity at the time of sale to appellant and, in any event, where a structure is removed and inseverably incorporated into an existing building on purchaser's land the law of accession applies (Art.416 C.C. interpreted broadly), so respondent's remedy is limited to valuation/damages and his registered notice of ownership could not defeat appellant's acquired title or possession; accordingly the trial judgment in appellant's favour (radiation of notice and declaration of ownership) was restored with costs.

Citation
[1953] 1 SCR 164
Parties
Appellant / Plaintiff: Emmanuel Dulac; Respondent / Defendant: Odilon Nadeau
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 February 1953
Procedural Posture
Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Province of Quebec
Outcome
Appeal allowed; judgment of Superior Court restored; costs to appellant.
Legal Topics
Accession, Promise of Sale, Tradition and Possession, Good Faith Purchaser, Registration of Notice of Ownership, Scope of "materials" (art. 416 C.c.), Conditional Sale, Removal and Incorporation of Building
Source Language
English
Property Law Civil Law Real Property Contract Law Accession Promise of Sale Tradition and Possession Good Faith Purchaser +4 more

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Parties

Emmanuel Dulac

Appellant / Plaintiff

Odilon Nadeau

Respondent / Defendant

Procedural Posture

Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Province of Quebec

Legal Issues

  1. 1 Whether a promise of sale with tradition and possession here equated to a sale under Art.1478 C.C.
  2. 2 Whether the seller's reservation and unpaid instalments created a suspensive condition preventing transfer of ownership
  3. 3 Whether Art.416 C.C. (accession) applies where an entire building is removed and inseverably incorporated into another on purchaser's land

Ratio Decidendi

Appeal allowed: the promise of sale did not operate as an automatic suspensive nullity at the time of sale to appellant and, in any event, where a structure is removed and inseverably incorporated into an existing building on purchaser's land the law of accession applies (Art.416 C.C. interpreted broadly), so respondent's remedy is limited to valuation/damages and his registered notice of ownership could not defeat appellant's acquired title or possession; accordingly the trial judgment in appellant's favour (radiation of notice and declaration of ownership) was restored with costs.

Court Disposition

Appeal allowed; judgment of Superior Court restored; costs to appellant.

Orders

  • Appeal allowed with costs
  • Judgment of Superior Court restored