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Property law [1928] SCR 177

Pinder Lumber & Milling Co. Ltd. v. Munro

Appeal from New Brunswick in a trespass-to-land action involving timber cutting. The Supreme Court upheld the plaintiffs’ title or possession and dismissed the appeal.

  • Trespass
  • Possession
  • Title to land
  • Construction of deed
  • Title-to-land
  • Deed-construction
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Property law (1908) 41 SCR 217

Thompson v. Simard

The Supreme Court of Canada upheld a right of passage servitude in Quebec, finding the written references, compromise plan, and prior titles proved the servitude.

  • Servitude
  • Easement
  • Unity of ownership
  • Extinction and revival of servitude
  • Sheriff's sale
  • Apparent servitude
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Mining law (1908) 40 SCR 281

Bonanza Creek Hydraulic Concession v. The King

Appeal over lease forfeiture under Yukon hydraulic mining regulations. The Supreme Court held the Minister had to act judicially and the prescribed notice procedure had to be followed.

  • Hydraulic mining regulations
  • Lease forfeiture
  • Judicial inquiry
  • Natural justice (audi alteram partem)
  • Condition subsequent
  • Re-entry
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Mines and minerals (1908) 40 SCR 294

Klondyke Government Concession v. The King

The Supreme Court of Canada allowed an appeal from a forfeiture of a hydraulic mining lease, holding the Minister could not summarily cancel it without the required adjudicative process.

  • Hydraulic lease
  • Forfeiture
  • Construction of deed
  • Ministerial inquiry
  • Right to be heard
  • Judicial nature of administrative decision
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Property law (1908) 40 SCR 188

Meighen v. Pacaud

The Supreme Court of Canada held that a deed granting use of a lane “in common with others” allowed reasonable use of the lane’s airspace, so the fire-escape need not be removed.

  • Easement appurtenant
  • Right to light and air
  • Trespass
  • Construction of deed
  • Encroachment
  • Easements
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Property law (1908) 40 SCR 98

Rioux v. Saint Lawrence Terminal Co.

The Supreme Court of Canada held that the timber clause in a land sale was a resolutive condition and restriction, not a reservation of ownership of all timber.

  • Sale of land
  • Reservation of timber
  • Construction of deed
  • Resolutive condition
  • Trespass
  • Contract interpretation
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Property law (1907) 39 SCR 244

Cliche v. Roy

The Supreme Court of Canada held that the 1897 deed granted the respondent the right to bring water through pipes from adjoining lands. The appeal was dismissed with costs.

  • Servitude (easement)
  • Construction of deed
  • Acquiescence and estoppel by conduct
  • Requirement of written title for servitudes
  • Extinction of servitude
  • Servitude
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Property (1906) 38 SCR 75

Morel v. Lefrancois

The Supreme Court of Canada held that the deed’s boundary description was clear and must be read literally, rejecting extrinsic evidence to enlarge the timber licence.

  • Construction of deed
  • Boundary description
  • License to cut timber
  • Ambiguitas latens
  • Parol evidence rule
  • Deed-construction
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Contract (1906) 37 SCR 613

Deserres v. Brault

The Supreme Court of Canada held that an ambiguous compromise deed discharged Brault only up to $15,000 on the larger note, but the smaller note was unenforceable because it arose from an illegal lottery-related transaction.

  • Construction of deed
  • Discharge of debt
  • Illegal consideration
  • Lottery
  • Assignment of debt
  • Promissory notes
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Property law (1905) 36 SCR 618

Lespérance v. Goné

Appeal dismissed. The Supreme Court held that a mere right of passage over a private lane did not include a servitude of view or rights to make openings in a wall.

  • Servitude
  • Right of passage
  • Construction of deed
  • Reservations
  • Owners par indivis
  • Rights of light and view
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.