Ettinger v. Atlantic Lumber Co.

Ettinger v. Atlantic Lumber Co.

The appeal was dismissed because the appellant failed to prove title: the northern boundary was not established and the full court found the trial judge erred as to the starting point of the southern line, so the lot could not be reliably identified and the trespass claim could not stand.

Source-derived case information.

Citation
(1919) 59 SCR 649
Parties
Appellant, Plaintiff: Ettinger; Respondent, Defendant: Atlantic Lumber Co.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 April 1919
Procedural Posture
Appeal; Trespass and Title to Land / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia
Outcome
Appeal dismissed with costs.
Legal Topics
Trespass, Title to Land, Onus of Proof, Boundary Identification, Land Grants
Source Language
english
Property Law Trespass Title to Land Onus of Proof Boundary Identification Land Grants

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ettinger

Appellant, Plaintiff

Atlantic Lumber Co.

Respondent, Defendant

Procedural Posture

Appeal; Trespass and Title to Land / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether plaintiff proved title to the land sufficient to maintain a trespass action
  2. 2 Who bears the onus of proof when identifying boundaries described by reference to physical marks that have disappeared
  3. 3 Whether the trial judge erred in identifying the lot based on the proven southern line given uncertainty about the starting point

Ratio Decidendi

The appeal was dismissed because the appellant failed to prove title: the northern boundary was not established and the full court found the trial judge erred as to the starting point of the southern line, so the lot could not be reliably identified and the trespass claim could not stand.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.