Gilman v. The Workmen's Compensation Board

FOR

* May 1, 4, APPELLANTS; Ma 27. THE PROVINCE OF QUEBEC (IN- '.y

TERVENANT)

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J

AND

*Feb.2. HIS MAJESTY THE KING, IN THE I

RIGHT OF THE DOMINION OFF

RESPONDENT. CANADA (RESPONDENT)

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ON APPEAL FROM THE EXCHEQUER COURT OF CANADA The suppliant in his petition of right alleging to be the owner by letters patent from the province of Quebec of a certain water lot in the township of Chicoutimi and that the respondent entered into possession thereof, save for a small strip, for public purposes, claimed compensation for the land taken and for the damages suffered by such taking, to wit: $43,125. The respondent admitted the erection of a wharf on the property in question; but alleged that the suppliant was not the owner thereof, and that by virtue of section 108 of the British North America Act and its third schedule it formed part of the public domain of Canada in right of the Dominion, being, having been and forming part of a public harbour of the port of Chicoutimi in and before 1867. The province of Quebec intervened to support the letters patent issued by it to the suppliant, claiming that at such time it formed part of the public domain of the province. The Exchequer Court of Canada held that, from the evidence, the port of Chicoutimi was a public harbour in 1867 and previous thereto and it dismissed the suppliant's action and the intervention.

Held, reversing the judgment of the Exchequer Court of Canada ([1936] Ex. C. 127), that, upon the evidence, there was no ground for judicially finding that the beach lot owned by the suppliant appellant was at the time of Confederation part of " a public harbour " within the contemplation of that term in the British North America Act.-Without considering whether there was any " public " harbour within the meaning to be attributed to that term in the above Act, it is held that the beach lot in question became vested at Confederation in the province of Quebec, that the province had the right to convey it to the suppliant appellant as it did in 1897 and that therefore the latter is entitled to compensation in respect of the taking of the beach lot by the Dominion for the purpose of its public works.-Without *PRESENT:-Duff CJ. and Rinfret, Cannon, Crocket, Davis, Kerwin and Hudson JJ.

**PRESENT:-Duff CJ. and Rinfret, Crocket, Davis and Kerwin JJ.