Tremblay v. Guay

Tremblay v. Guay

Articles 412 and 417 C.C. do not apply; the appellant, as purchaser under the sheriff's deed and successor to Potvin whose ownership of the building was recognized in the opposition judgment, is the owner of the house and may keep it on the respondent's land; respondent is granted a six‑month option to purchase the house at $1,800.

Citation
[1929] SCR 29
Parties
Appellant/defendant: Ernest Tremblay; Respondent/plaintiff: Dame Aurore Guay
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 May 1928
Procedural Posture
Petitory Action (dispute Over Removal/ownership of Building) / Appeal to the Supreme Court of Canada (special Leave) From Court of King’s Bench, Quebec
Outcome
Appeal allowed; judgment of Court of King’s Bench reversed; Superior Court judgment reinstated in part.
Legal Topics
Superficies, Possession, Sheriff's Sale, Good Faith Possession, Owner's Consent, Removal of Building, Compensation
Source Language
English
Property Law Civil Procedure Execution and Seizure Superficies Possession Sheriff's Sale Good Faith Possession Owner's Consent +2 more

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Parties

Ernest Tremblay

Appellant/defendant

Dame Aurore Guay

Respondent/plaintiff

Procedural Posture

Petitory Action (dispute Over Removal/ownership of Building) / Appeal to the Supreme Court of Canada (special Leave) From Court of King’s Bench, Quebec

Legal Issues

  1. 1 Whether Arts. 412 and 417 C.C. apply to treat purchaser at sheriff's sale as possessor in bad faith
  2. 2 Whether purchaser at sheriff's sale who holds sheriff's deed can keep a building on land owned by another when prior judgment recognized builder's ownership of the building
  3. 3 Whether the landowner is entitled to compel removal without compensation or to be granted option to purchase the building

Ratio Decidendi

Articles 412 and 417 C.C. do not apply; the appellant, as purchaser under the sheriff's deed and successor to Potvin whose ownership of the building was recognized in the opposition judgment, is the owner of the house and may keep it on the respondent's land; respondent is granted a six‑month option to purchase the house at $1,800.

Court Disposition

Appeal allowed; judgment of Court of King’s Bench reversed; Superior Court judgment reinstated in part.

Orders

  • Appeal allowed.
  • Judgment of the Court of King’s Bench (Q.R. 44 K.B. 536) reversed.