Leblanc v. Robitaille

Leblanc v. Robitaille

The Commissioner's approval required by Art. 1269 R.S.Q. is not a suspensive condition with retroactive effect; because the sales had not been formally approved at the date of the renewal timber license the lands remained ungranted Crown lands and the timber license was valid as issued; appeal dismissed (majority).

Citation
(1901) 31 SCR 582
Parties
Appellant/defendant: Robert Napoléon Leblanc; Respondent/plaintiff: Louis Adolphe Robitaille
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 November 1901
Procedural Posture
Civil Appeal (property/trespass) / On Appeal to the Supreme Court of Canada From the Court of King's Bench (appeal Side), Province of Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Timber License, Crown Lands Sales and Location Tickets, Approval by Commissioner of Crown Lands, Suspensive Condition and Retroactivity, Delegation of Ministerial Powers, Title and Possession
Source Language
English
Property Law Administrative Law (crown Lands) Timber License Crown Lands Sales and Location Tickets Approval by Commissioner of Crown Lands Suspensive Condition and Retroactivity Delegation of Ministerial Powers Title and Possession

Case Brief

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Parties

Robert Napoléon Leblanc

Appellant/defendant

Louis Adolphe Robitaille

Respondent/plaintiff

Procedural Posture

Civil Appeal (property/trespass) / On Appeal to the Supreme Court of Canada From the Court of King's Bench (appeal Side), Province of Quebec

Legal Issues

  1. 1 Whether location tickets issued by a local Crown Lands Agent, prior to formal approval by the Commissioner, conferred ownership that excluded the lots from a subsequently issued timber license
  2. 2 Whether the approval required by Art. 1269 R.S.Q. is a suspensive condition whose subsequent fulfillment has retroactive effect (art. 1085 C.C.)
  3. 3 Whether the Commissioner's approval must be personally given and is non-delegable

Ratio Decidendi

The Commissioner's approval required by Art. 1269 R.S.Q. is not a suspensive condition with retroactive effect; because the sales had not been formally approved at the date of the renewal timber license the lands remained ungranted Crown lands and the timber license was valid as issued; appeal dismissed (majority).

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs