O'Brien v. The King

cut timber in the township of Bazin, on the line of the oaN Transcontinental Railway Company, a license which according to its terms, expired on the 30th of April, 1919. This f J license was transferred in December, 1918, to O'Brien & Doheny, and the petition is brought by O'Brien, the survivor of the firm, and the Capital Trust Company, executors of Doheny.

The license was renewed on the 11th of December, 1919, and by the action damages are claimed for destruction, in June, 1919, of timber on the limit arising from a fire alleged to have occurred owing to the negligence of the servants of the Transcontinental Railway Company.

Section 3598. R.S.P.Q. (1909), declares, in reference to such licenses, that

It is settled law that under such a provision as this the licensee cannot be given the right by any departmental or executive regulation to a renewal of his yearly license. The appellants clearly had no title to the timber which was destroyed by the fire in June at the time the fire occurred, and there is no evidence that at that time they were in possession of the limit, nor is such possession alleged.

In these circumstances, one cannot see on what ground retroactive effect can be given to the license subsequently issued in December, so as to confer upon them rights as against the Transcontinental Railway Company. The appeal should be dismissed with costs.

Lajoie & Lajoie.