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Property law 2008 SCC 64

St. Lawrence Cement Inc. v. Barrette

The Supreme Court of Canada held that Quebec recognizes a no-fault regime for excessive neighbourhood annoyances under art. 976 C.C.Q., and restored the trial court’s damages.

  • Neighbourhood disturbances
  • No-fault liability under art. 976 c.c.q.
  • Abuse of rights (art. 7 c.c.q.)
  • Statutory immunity
  • Prescription interruption
  • Assessment of damages
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Municipal law [1997] 2 SCR 862

Doré v. Verdun (City)

The Supreme Court of Canada held that art. 2930 C.C.Q. prevails over s. 585 C.T.A. for bodily injury claims, so the municipal notice requirement could not bar the action.

  • Prescription (limitation)
  • Municipal notice requirements
  • Priority of statutes
  • Bilingual statute interpretation
  • Application of civil code to public legal persons
  • Municipal-law
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Contract law [1992] 2 SCR 554

Bank of Montreal v. Bail Ltée

The Supreme Court held that Hydro-Québec breached its duty to inform in a major construction contract, upheld most trial findings, and allowed the Bank’s appeal in part.

  • Obligation to inform
  • Contract of enterprise
  • Appellate review of findings of fact
  • Prescription (discoverability)
  • Additional indemnity under art.1056c c.c.l.c.
  • Obligation-to-inform
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Property law (1921) 63 SCR 32

Groulx v. Bricault

The Supreme Court of Canada held that a late-registered substitution was effective against later purchasers and rejected a ten-year prescription plea for want of good faith.

  • Substitution (substitution fiduciaire)
  • Publication et insinuation
  • Registry/registration (art. 941 c.c.)
  • Prescription (good faith ten years)
  • Donation inter vivos
  • Property-law
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Municipal law (1921) 61 SCR 535

Lord v. Ville de Saint-Jean

Appeal concerning ownership of a sidewalk strip in Saint-Jean. The Supreme Court held the city owned the land, with the majority relying on dedication accepted by the municipality.

  • Dedication
  • Prescription of public ways
  • Servitude
  • Sidewalk ownership
  • Boundary dispute
  • Municipal-law
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Property law (1917) 59 SCR 508

Harvey v. Dominion Textile Co.

A Quebec roadway dispute turned on dedication, prescriptive user, and municipal-road rules. The Supreme Court affirmed the Court of King's Bench on equal division.

  • Dedication (direct and indirect)
  • Prescriptive user (statutory ten-year and common law thirty-year)
  • Municipal code arts. 749-750 (chemin de tolĂ©rance)
  • 18 vict. c.100 s.41 subss.8-9
  • Ownership of soil and requirement of deed (art. 776 c.c.)
  • Dedication-of-highway
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