Clarke v. Canada (Attorney-General)

Clarke v. Canada (Attorney-General)

Where deposits of sand and silt formed a bench that on the evidence had soil and vegetation of upland character, was not commonly submerged except in exceptional floods, and was formed by gradual and imperceptible alluvial processes, it constituted a true accretion that vested in the riparian owner under English law as applicable to the Territories; accordingly the plaintiff owned the bench and was entitled to damages for trespass.

Citation
[1930] SCR 137
Parties
Plaintiff/appellant: Edwin I. Clarke; Defendant/respondent: City of Edmonton; Intervenant/respondent: Attorney‑General of Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 November 1929
Procedural Posture
Appeal; Action for Trespass to Land Arising From Claimed Accretion / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal allowed with costs; judgment of Appellate Division reversed; judgment entered for plaintiff
Legal Topics
Accretion, Riparian Ownership, Riverbed Ownership, Trespass, Title Construction
Source Language
English
Property Law Maritime Law Public/crown Law Accretion Riparian Ownership Riverbed Ownership Trespass Title Construction

Case Brief

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Parties

Edwin I. Clarke

Plaintiff/appellant

City of Edmonton

Defendant/respondent

Attorney‑General of Canada

Intervenant/respondent

Procedural Posture

Appeal; Action for Trespass to Land Arising From Claimed Accretion / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether the bench formed by river deposits had ceased to be part of the river bed
  2. 2 Whether the bench was a true accretion (gradual and imperceptible)
  3. 3 Whether English law on accretions applied in the Territories and to the Crown

Ratio Decidendi

Where deposits of sand and silt formed a bench that on the evidence had soil and vegetation of upland character, was not commonly submerged except in exceptional floods, and was formed by gradual and imperceptible alluvial processes, it constituted a true accretion that vested in the riparian owner under English law as applicable to the Territories; accordingly the plaintiff owned the bench and was entitled to damages for trespass.

Court Disposition

Appeal allowed with costs; judgment of Appellate Division reversed; judgment entered for plaintiff

Orders

  • Appeal allowed with costs
  • Judgment of the Appellate Division of the Supreme Court of Alberta reversed