Beatty v. Mathewson

Beatty v. Mathewson

Majority held the 1881 instrument did not vest a fee simple in the standing timber in perpetuity but granted an exercisable right to cut and remove the timber only within a reasonable time; that reasonable time had expired before the 1903–1905 entries and the plaintiff was entitled to damages and injunctive relief; Court of Appeal judgment affirmed and appeal dismissed.

Citation
(1908) 40 SCR 557
Parties
Defendant/appellant: Isabella Eliza Beatty; Defendant/appellant: John D. Beatty; Defendant/appellant: The William Beatty Estate; Plaintiff/respondent: William Mathewson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 October 1908
Procedural Posture
Contract; Real Property; Trespass / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario (final Disposition)
Outcome
Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed
Legal Topics
Sale of Standing Timber, Fee Simple in Timber, Right of Removal and Entry, Reasonable Time for Performance, Construction of Deeds, Trespass/damages, Conveyancing
Source Language
English
Contract Property Real Property Tort Sale of Standing Timber Fee Simple in Timber Right of Removal and Entry Reasonable Time for Performance +3 more

Case Brief

Summary, issues, holding and outcome

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Parties

Isabella Eliza Beatty

Defendant/appellant

John D. Beatty

Defendant/appellant

The William Beatty Estate

Defendant/appellant

William Mathewson

Plaintiff/respondent

Procedural Posture

Contract; Real Property; Trespass / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario (final Disposition)

Legal Issues

  1. 1 Whether the 1881 instrument conveyed a fee simple (estate of inheritance) in the standing timber or only a limited right to cut and remove within a reasonable time
  2. 2 Whether any right to enter and cut survived to 1903–1905 or had lapsed
  3. 3 Whether the blanked term for years could be read into the deed or struck out

Ratio Decidendi

Majority held the 1881 instrument did not vest a fee simple in the standing timber in perpetuity but granted an exercisable right to cut and remove the timber only within a reasonable time; that reasonable time had expired before the 1903–1905 entries and the plaintiff was entitled to damages and injunctive relief; Court of Appeal judgment affirmed and appeal dismissed.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed

Orders

  • Appeal dismissed with costs
  • Judgment below (trial and Court of Appeal) affirmed