Supreme Court of Canada
Montarville Land Co. v. Economic Realty Co., (1916) 54
S.C.R. 140
Date: 1916-10-18
The Montarville
Land Company (Defendants) Appellants;
and
The Economic
Realty, Limited (Plaintiff) Respondent.
1916: October 10; 1916: October 18.
Present: Sir Charles Fitzpatrick C.J. and
Davies, Idington, Duff and Anglin JJ.
ON APPEAL FROM THE COURT OF KING'S BENCH,
APPEAL SIDE, PROVINCE OF QUEBEC.
Appeal—Jurisdiction—Malter in
controversy—"Supreme Court Act," s. 46 (b) and (c)—Action to remove
cloud on title—Discharge of mortgage—Deferment of payment of accruing
instalments—Title to land—Future rights.
The judgment appealed from maintained the
plaintiff's action brought to obtain an order that it should not be obliged to
pay certain deferred instalments of the price of land sold to it by the
defendants with warranty against all hypothecs, save one for $2,000, until the
discharge of certain other incumbrances alleged to be registered as affecting
the said lands, and for costs of protest, etc., amounting to $33.90. On a
motion to quash an appeal taken from this judgment to the Supreme Court of
Canada,
Held, (Duff J.
taking no part in the judgment), that, as there was no amount in controversy of
the sum or value of $2,000, nor any matter in contoversy relating to the title
to the lands or to matters wherein future rights thereto might be bound, the
Supreme Court of Canada had no jurisdiction to entertain the appeal under the
provisions of section 46, sub-sections b and c of the
"Supreme Court Act," R.S.C., 1906, ch. 139. Carrier v. Sirois
(36 Can. S.C.R. 221), applied.
MOTION to quash an appeal from the judgment
of the Court of King's Bench, appeal side, reversing the judgment of the
Superior Court, District of Montreal, and maintaining the plaintiff's action
with costs.
The nature of the relief asked for by the
plaintiff's action is stated in the head-note. The motion to
[Page 141]
quash the appeal was based on allegations
that no money condemnation was asked for by the plaintiff's action except as to
cost of a notarial protest, that neither the title to the land nor any future
rights therein were in question, and that the entry shewn upon the certificate
of the registrar of deeds relating to encumbrances on the land had no reference
to a claim due either by the plaintiff or to the defendants, but the amount
thereby secured appeared to be due to third persons who were not parties to the
action and whose claim could not be affected thereby.
C. Dessaules K.C.
supported the motion.
St. Germain K.C. contra.
The judgment of the Court was delivered by
The Chief
Justice.—This is a motion to quash an appeal from the
Court of King's Bench, appeal side, Quebec, for want of jurisdiction.
The respondent company, appellant in the court
below, bought from the company, now appellant, several lots of land with a
clause in the deed of sale guaranteeing that they were free from certain
incumbrances. The words are that the property is sold
franc et quitte de toutes hypothèques
excepté celle de $2,000 mentionnée au dit acte.
The action is brought to have it declared that
the purchaser, respondent, is not obliged to pay the instalment of its purchase
price, now due, until another mortgage, which appears in the registrar's
certificate, is discharged. The defendant, appellant, contends that this latter
mortgage did not really affect the property, and on that point the controversy
turned below. Our jurisdiction is dependent upon the amount of the demand or
the nature of the action. Here there is no
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amount demanded and the matter in controversy
does not come within section 46, sub-sections b or c of the
"Supreme Court Act." The only question in dispute is as to the
fulfilment of the vendor's obligation to deliver to the respondent a property
free from a mortgage other than the one mentioned in the deed. Vide Carrier v.
Sirois.
I am of opinion that the motion should be
granted with costs.
Duff J. was not present at the delivery of the judgment and took no part
therein.
Appeal quashed with costs.
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