Hamelin v. Bannerman

Hamelin v. Bannerman

The 1876 deed unequivocally granted the purchasers the right to construct and raise dams but simultaneously imposed an unrestricted obligation to pay for any damages thereby caused; the arbitration provision was waived and could not be invoked for the first time on appeal; statutory authority under Art. 5535 R.S.Q. does not absolve purchasers of contractual liability, and the Court will not disturb the lower court's factual assessment of damages where evidence is contradictory.

Citation
(1901) 31 SCR 534
Parties
Appellant (defendant): Felix Hamelin et al.; Respondent (plaintiff): Thomas Bannerman et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 November 1901
Procedural Posture
Civil Appeal (property Dispute) / On Appeal to Supreme Court of Canada From Court of Queen's Bench (appeal Side); Cross Appeal
Outcome
Appeal dismissed; cross-appeal dismissed; judgment of Court of Queen's Bench awarding plaintiffs damages affirmed.
Legal Topics
Riparian Rights, Dam Construction and Raising, Interpretation of Deed Provisions, Warranty of Title and Indemnity Clauses, Condition Precedent (arbitration), Assessment and Valuation of Damages, Appellate Review of Factual Findings, Statutory Authority to Alter Watercourses (art. 5535 R.s.q.)
Source Language
English
Property Law Contract Law Civil Procedure Administrative/statutory Rights Arbitration Law Water Rights Law Riparian Rights Dam Construction and Raising +6 more

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Parties

Felix Hamelin et al.

Appellant (defendant)

Thomas Bannerman et al.

Respondent (plaintiff)

Procedural Posture

Civil Appeal (property Dispute) / On Appeal to Supreme Court of Canada From Court of Queen's Bench (appeal Side); Cross Appeal

Legal Issues

  1. 1 Whether the 1876 deed granted the purchasers the right to raise dams free of liability for all resulting harms or whether it made them liable for all damages caused by such works
  2. 2 Whether the arbitration clause in the deed and Art. 5535 R.S.Q. constituted a condition precedent ousting court jurisdiction or could be waived
  3. 3 Extent to which Art. 5535 R.S.Q. permits construction/raising of dams without broader liability

Ratio Decidendi

The 1876 deed unequivocally granted the purchasers the right to construct and raise dams but simultaneously imposed an unrestricted obligation to pay for any damages thereby caused; the arbitration provision was waived and could not be invoked for the first time on appeal; statutory authority under Art. 5535 R.S.Q. does not absolve purchasers of contractual liability, and the Court will not disturb the lower court's factual assessment of damages where evidence is contradictory.

Court Disposition

Appeal dismissed; cross-appeal dismissed; judgment of Court of Queen's Bench awarding plaintiffs damages affirmed.

Orders

  • Appeal dismissed with costs
  • Cross-appeal dismissed with costs