Diotte v. Bernier

Diotte v. Bernier

The receipt expressly described the sum as a fee for registration and there was no evidence the dollar paid was on account of the purchase price; therefore it was not a 'receipt of moneys paid on the sale of public lands' within art. 1562 R.S.Q. and did not confer title. The appellant failed to prove statutory title or purchase, so the petitory action was rightly dismissed.

Citation
(1920) 61 SCR 188
Parties
Appellant / Plaintiff: Adelard Diotte; Respondent / Defendant: Godfroibernier
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 November 1920
Procedural Posture
Petitory Action (claim to Title to Land Under Crown's Lands Act) / Appeal to Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec (judgment Dated November 23, 1920)
Outcome
Appeal dismissed with costs; judgment of trial court dismissing appellant's petitory action restored.
Legal Topics
Title to Land, Receipts as Proof of Payment, Statutory Interpretation, Registration Fees, Issuance of Letters Patent
Source Language
English
Property Crown Lands Administrative Law Title to Land Receipts as Proof of Payment Statutory Interpretation Registration Fees Issuance of Letters Patent

Case Brief

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Parties

Adelard Diotte

Appellant / Plaintiff

Godfroibernier

Respondent / Defendant

Procedural Posture

Petitory Action (claim to Title to Land Under Crown's Lands Act) / Appeal to Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec (judgment Dated November 23, 1920)

Legal Issues

  1. 1 Whether a receipt stating payment of $1 'as fee for registration' constitutes a 'receipt of moneys paid on the sale of public lands' under articles 1559 and 1562 R.S.Q. and thus confers title.
  2. 2 Whether the appellant proved payment on account of purchase or equivalent statutory title in absence of letters patent.

Ratio Decidendi

The receipt expressly described the sum as a fee for registration and there was no evidence the dollar paid was on account of the purchase price; therefore it was not a 'receipt of moneys paid on the sale of public lands' within art. 1562 R.S.Q. and did not confer title. The appellant failed to prove statutory title or purchase, so the petitory action was rightly dismissed.

Court Disposition

Appeal dismissed with costs; judgment of trial court dismissing appellant's petitory action restored.

Orders

  • Appeal dismissed with costs
  • Judgment of trial court (dismissing appellant's action) restored