Maranda v. Corbeil

ABBOTr J.:-The parties own adjoining emplacements lying between C6te Ste-Catherine Road and Maplewood Avenue in the city of Outremont. Respondents had acquired their property in 1945. Appellant acquired her property in April 1950 and in June of that year commenced the construction of an extension to the building already erected thereon and which the respondents claimed encroaches upon their land.

In October 1950 the respondents instituted the present possessory action alleging the encroachment and asking Taschereau C.J. and Cartwright, Abbott, Martland and Hall JJ.

1[19611 Que. Q.B. 533.

(1) for a declaration that they had been illegally disturbed in the possession of their property and (2) for an order requiring the appellant to demolish the said extension. In taking this action the respondents assumed the burden of proving (a) that for a period of a year and a day their possession of the property had been continuous and uninterrupted, peaceable, public, unequivocal, and as proprietor, art. 2193 of the Civil Code, and (b) that by the construction of the said extension they had been disturbed in such possession, art. 1064 of the Code of Civil Procedure. The learned trial judge found that the respondents had enjoyed the possession of the property required by law, on their side of a straight line between two brick pillars, one on C8te Ste-Catherine Road and the other on Maplewood Avenue and that the extension to appellant's building encroached upon the land thus possessed by them. Those findings of fact were unanimously confirmed by the Court of Queen's Bench and there is ample evidence to support them.

The appeal should be dismissed with costs.