| Case name: |
Jalbert v. Canada (Attorney General) |
|
|
|
| Jurisdiction: |
Canada - Federal |
|
| Court: |
Exchequer Court of Canada |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Jalbert, Henri |
|
Suppliant |
| |
Canada (Attorney General) |
|
Respondent |
| |
Quebec (Attorney General) |
|
Intervenor |
|
| Before: |
Decision maker |
Designation |
|
Angers, Eugene-Real |
J. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Gagne, Jules-Arthur |
|
Suppliant |
| |
Beaulieu, M.L. |
|
Respondent |
| |
Dorion, F. |
|
Respondent |
| |
Talbot, Antonio |
|
Respondent |
| |
St. Laurent, Louis S. |
|
Intervenor |
|
|
|
|
|
|
|
|
|
| Decision: |
Action for damages by the owner of a beach lot at Chicoutimi. Title to the beach lot had been granted to the Suppliant by the Province of Quebec. The Suppliant had constructed a private wharf on the beach lot which was used as part of his lumber business. Later, Canada entered upon and took possession of the beach lot without authorization from the Suppliant and the Suppliant's private wharf was demolished. It was held that the subject property formed part of a public harbour at the moment of Confederation and was therefore owned by Canada pursuant to s. 108 of the British North America Act. As a result the Province was unable to provide the Suppliant with valid title. The action was dismissed with costs. |
|
|
|
|
|
|
|
|
|
|
|
| ExLaw citation: |
[1935] EXLAW 1 |
|
| Parallel citations: |
1935 Can LII 511 |
| |
1935 CarswellNat 29 |
| |
[1936] Ex. C.R. 127 |
|
|
|
