Société Immobilière Maisonneuve v. Chevaliers de Maisonneuve

Société Immobilière Maisonneuve v. Chevaliers de Maisonneuve

The appeal is dismissed: the Court of Appeal correctly held that the aggressive intervention by the Chevaliers de Maisonneuve was maintainable and on the merits the intervenors were entitled to have their offers declared valid and to obtain conveyance; the Supreme Court declined to overturn the appellate court on the procedural point and affirmed that the intervenors satisfied the conditions and acquired the right to title, ordering conveyance (or judgment to have effect of deed) if not executed by the appellant by the specified date.

Citation
[1952] 2 SCR 456
Parties
Appellant (plaintiff): Société Immobilière Maisonneuve Limitée; Respondent (intervenor): Les Chevaliers de Maisonneuve
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 October 1952
Procedural Posture
Appeal / On Appeal From Court of King's Bench, Appeal Side, Province of Quebec; Appeal Limited to Whether Intervention Falls With Dismissal of Main Action and to Merits of Aggressive Intervention
Outcome
Appeal dismissed with costs; judgment of Court of King's Bench (Court of Appeal) confirming maintenance of intervention and ordering relief for intervenors affirmed
Legal Topics
Intervention (aggressive Vs Conservatory), Nullity Ab Initio, Capacity to Contract/incorporation, Title to Property/conveyance, Estoppel, Practice and Procedure
Source Language
English
Civil Procedure Property Law Corporate/agency Law Equity Intervention (aggressive Vs Conservatory) Nullity Ab Initio Capacity to Contract/incorporation Title to Property/conveyance +2 more

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Parties

Société Immobilière Maisonneuve Limitée

Appellant (plaintiff)

Les Chevaliers de Maisonneuve

Respondent (intervenor)

Procedural Posture

Appeal / On Appeal From Court of King's Bench, Appeal Side, Province of Quebec; Appeal Limited to Whether Intervention Falls With Dismissal of Main Action and to Merits of Aggressive Intervention

Legal Issues

  1. 1 Whether an aggressive intervention falls ipso facto when the main action is dismissed
  2. 2 Whether the intervenor may have its substantive claim to title adjudicated despite dismissal of the principal action
  3. 3 Whether the lease/contract was void ab initio for lack of capacity due to non‑incorporation of the Council

Ratio Decidendi

The appeal is dismissed: the Court of Appeal correctly held that the aggressive intervention by the Chevaliers de Maisonneuve was maintainable and on the merits the intervenors were entitled to have their offers declared valid and to obtain conveyance; the Supreme Court declined to overturn the appellate court on the procedural point and affirmed that the intervenors satisfied the conditions and acquired the right to title, ordering conveyance (or judgment to have effect of deed) if not executed by the appellant by the specified date.

Court Disposition

Appeal dismissed with costs; judgment of Court of King's Bench (Court of Appeal) confirming maintenance of intervention and ordering relief for intervenors affirmed

Orders

  • Appeal dismissed with costs
  • Intervention of Les Chevaliers de Maisonneuve maintained