Bastien et vir v. J.M. Dessureault Inc.

Bastien et vir v. J.M. Dessureault Inc.

The unqualified expression 'cède et transporte' effected an absolute assignment of the debt; the concluding reservation preserving other securities did not convert the transaction into a pledge; transfer of a debt does not constitute novation (C.C. 1174); accordingly the assignment was absolute and respondent entitled to judgment.

Citation
[1962] SCR 97
Parties
Defendant Appellant: Dame Réjane Bastien et vir; Plaintiff Respondent: J. M. Dessureault Inc.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 October 1961
Procedural Posture
Collection (contract) Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed
Legal Topics
Assignment of Debt, Pledge, Security Interest, Novation, Interpretation of Instrument, Notice to Debtor (art.1571)
Source Language
English
Contract Property Security/collateral Assignment of Debt Pledge Security Interest Novation Interpretation of Instrument +1 more

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Parties

Dame Réjane Bastien et vir

Defendant Appellant

J. M. Dessureault Inc.

Plaintiff Respondent

Procedural Posture

Collection (contract) Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the instrument dated December 21, 1955 effected an absolute transfer of the debt or constituted a pledge only
  2. 2 Whether the reservation of other securities converts an assignment into a pledge
  3. 3 Whether transfer of a debt effects novation

Ratio Decidendi

The unqualified expression 'cède et transporte' effected an absolute assignment of the debt; the concluding reservation preserving other securities did not convert the transaction into a pledge; transfer of a debt does not constitute novation (C.C. 1174); accordingly the assignment was absolute and respondent entitled to judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs