Bérubé v. Cameron

Bérubé v. Cameron

Majority held the factual circumstances justified inferring that the parties agreed the annual payment of taxes was to operate as rent; each such payment amounted to an acknowledgment of the respondents' title and thereby interrupted the statutory limitation period, so the appellant could not acquire title by adverse possession.

Citation
[1946] SCR 74
Parties
Appellant: Peter Bérubé; Respondents: Annie J. E. Cameron and others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 December 1945
Procedural Posture
Land Title / Adverse Possession / Landlord and Tenant Dispute / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed; judgment of the Appellate Division affirmed.
Legal Topics
Tenancy at Will, Quieting Possession, Payment of Taxes as Rent, Interruption of Limitation Period, Statutory Interpretation
Source Language
English
Property Law Landlord and Tenant Limitation of Actions Adverse Possession Tenancy at Will Quieting Possession Payment of Taxes as Rent Interruption of Limitation Period +1 more

Case Brief

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Parties

Peter Bérubé

Appellant

Annie J. E. Cameron and others

Respondents

Procedural Posture

Land Title / Adverse Possession / Landlord and Tenant Dispute / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether payment of municipal taxes by occupant constitutes payment of rent
  2. 2 Whether such payments interrupt the running of the limitation period under the Limitation of Actions Act
  3. 3 Whether the facts permit an inference of an agreement that taxes were to be paid as rent

Ratio Decidendi

Majority held the factual circumstances justified inferring that the parties agreed the annual payment of taxes was to operate as rent; each such payment amounted to an acknowledgment of the respondents' title and thereby interrupted the statutory limitation period, so the appellant could not acquire title by adverse possession.

Court Disposition

Appeal dismissed; judgment of the Appellate Division affirmed.

Orders

  • Appeal dismissed with costs