Aqueduc du Lac St. Jean v. Fortin / Aqueduc du Lac St. Jean v. Martin

Aqueduc du Lac St. Jean v. Fortin / Aqueduc du Lac St. Jean v. Martin

The Court held the contracts providing perpetual water supply were rights accessory to the land or stipulations made for successors and thus passed to purchasers as ayants cause under Civil Code arts. 1030 and 1499; accordingly the respondents could invoke the vendor's prepaid contracts to defeat the company's tariff claims and the appeals were dismissed with costs.

Citation
[1925] SCR 192
Parties
Appellant / Plaintiff: La Compagnie D'aqueduc Du Lac St-Jean; Respondent / Defendant: Joseph Fortin; Respondent / Defendant: Alfred Martin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 February 1925
Procedural Posture
Appeal (contract; Property Accessory Rights) / Decision on Appeal to the Supreme Court of Canada Affirming Lower Courts
Outcome
Appeals dismissed with costs; judgments of the Court of King's Bench and Superior Court affirmed.
Legal Topics
Prepaid Services, Accessory Rights to Land, Transmissibility to Ayant Cause, Servitude Vs Contractual Accessory Right, Interpretation of Civil Code Articles 1030 and 1499
Source Language
English
Contract Property (real Rights) Civil Law (quebec) Prepaid Services Accessory Rights to Land Transmissibility to Ayant Cause Servitude Vs Contractual Accessory Right Interpretation of Civil Code Articles 1030 and 1499

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

La Compagnie D'aqueduc Du Lac St-Jean

Appellant / Plaintiff

Joseph Fortin

Respondent / Defendant

Alfred Martin

Respondent / Defendant

Procedural Posture

Appeal (contract; Property Accessory Rights) / Decision on Appeal to the Supreme Court of Canada Affirming Lower Courts

Legal Issues

  1. 1 Whether a purchaser (ayant-cause) can invoke a vendor's contract providing perpetual water supply paid in advance
  2. 2 Whether the right to water constituted a personal right, an accessory right to the land, or a servitude
  3. 3 Whether Civil Code arts. 1030 and 1499 make stipulations for a thing transmissible to successors

Ratio Decidendi

The Court held the contracts providing perpetual water supply were rights accessory to the land or stipulations made for successors and thus passed to purchasers as ayants cause under Civil Code arts. 1030 and 1499; accordingly the respondents could invoke the vendor's prepaid contracts to defeat the company's tariff claims and the appeals were dismissed with costs.

Court Disposition

Appeals dismissed with costs; judgments of the Court of King's Bench and Superior Court affirmed.

Orders

  • Appeals dismissed with costs
  • Judgments below affirmed