Johnston v. Desaulniers

Johnston v. Desaulniers

Where an infant handed money obtained by prostitution to a cohabiting partner, the circumstances did not give rise to a presumption of gift; the defendant's mere denial was insufficient to defeat recovery and the plaintiff was entitled to judgment and a charge or lien on the defendant's interest in the property purchased with the funds.

Citation
(1910) 46 SCR 620
Parties
Plaintiff/respondent: Johnston; Defendant/appellant: Desaulniers
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 May 1910
Procedural Posture
Civil Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba
Outcome
Appeal dismissed with costs; judgment of the Court of Appeal for Manitoba restoring the plaintiff's recovery and imposing a charge or lien on the defendant's interest in the hotel property.
Legal Topics
Gift, Presumption of Gift, Infant, Proceeds of Prostitution, Conversion, Lien, Pleading
Source Language
English
Contract Property Equity Evidence Gift Presumption of Gift Infant Proceeds of Prostitution +3 more

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Parties

Johnston

Plaintiff/respondent

Desaulniers

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba

Legal Issues

  1. 1 Whether money handed by the plaintiff to the defendant gave rise to a presumption of gift
  2. 2 Whether the plea denying the debt was sufficient to defeat recovery
  3. 3 Whether the plaintiff was entitled to a charge or lien on property purchased by the defendant with the money

Ratio Decidendi

Where an infant handed money obtained by prostitution to a cohabiting partner, the circumstances did not give rise to a presumption of gift; the defendant's mere denial was insufficient to defeat recovery and the plaintiff was entitled to judgment and a charge or lien on the defendant's interest in the property purchased with the funds.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal for Manitoba restoring the plaintiff's recovery and imposing a charge or lien on the defendant's interest in the hotel property.

Orders

  • Appeal dismissed with costs
  • Judgment in favour of the plaintiff for the sum claimed and costs (as determined below)