It is not customary for the Court to give extended rea- HosPITAL sons for allowing or refusing leave to appeal except where C.I.EN questions of our jurisdiction arise. In this case it was subet al.
mitted that we have no jurisdiction to grant leave to appeal O'BRIEN from an order of the Court of Appeal granting or refusing an et al.
extension of time for appealing to that Court. The question Cartwright J. was fully argued, reference being made to the decision of the House of Lords in Lane v. Esdaile and to other authorities.
We have not found it necessary to deal with this question. For the purposes of this motion we have assumed, without deciding, that we have jurisdiction to grant the leave asked for and on that assumption we are all of opinion that this is not a case in which leave ought to be granted.
The application is dismissed with costs.
Application dismissed. REJEAN TETREAULT
AND
LEO
APPELLANTS; *Feb 20
Jun. 25
AND
MAURICE GAGNON (Plaintiff) ........ RESPONDENT. ON APPEAL FROM THE COURT OF QUEEN'S BENCH, APPEAL SIDE, PROVINCE
Contracts-Real property-Ezecution of deed--Onerous contract-Right of habitation-Sale of house to take effect after death-Whether gift inter vivos-Whether commutative contract.
A spinster, whose health was failing, offered to give rent-free accommodation to her former employee and friend, and the latter's husband and family, on condition that during her lifetime she would be looked after by the former employee. She also gave a promise of sale of the house where she was living, and if the conditions were fulfilled, on her death, the former employee and her husband would become proprietors of the house by virtue of a deed that her legatees would execute. The spinster died a few days after the signature of the document which was not registered. The defendants, as executors, contended that the agreement was in the nature of a gift inter vivos of real property and void for lack of registration during the donor's lifetime. The trial judge dis- Taschereau, Fauteux, Abbott, Martland and Judson JJ. 1[18911 A.C. 210, 64 L.T. 666