Alain Ostiguy, et al. v. Hélène Allie

(Quebec) (Civil) (By Leave)


Prescription - Immovables, Publication of rights.


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Prescription - Immovable - Publication of rights - Acquisition of edge of property used for parking by way of acquisitive prescription - Whether Court of Appeal erred in finding that art. 2918 of Civil Code of Québec did not change law that applied under Civil Code of Lower Canada, in sense that possessor’s effective possession can be set up against owner whose title is registered in land register regardless of whether registration occurs after acquisitive prescription period of ten (10) years and even before judicial application required by art. 2918 C.C.Q - Arts. 921, 922, 2910, 2918, 2938, 2941, 2943, 2944, 2946, 2957 and 2963, Civil Code of Québec, CQLR, c. C-1991 - Arts. 805 and 806, Code of Civil Procedure, CQLR, c. C-25 - Art. 468, Code of Civil Procedure, CQLR, c. C-25.01.

The appellants, Mr. Ostiguy and Ms. Savard, purchased a mountainside chalet on Mont Brome in Bromont, Quebec in 2011. A few months after they arrived, they noticed that their parking space, which could hold up to four cars, was being used by the son of the respondent, Ms. Allie. They gave the respondent’s son formal notice to stop using their parking space. Because he continued to use it, the appellants applied to the Superior Court for a permanent injunction to assert the registration of their title of ownership in the register of land rights against the respondent. In a cross demand, the respondent claimed ownership of half of the appellants’ parking space by way of acquisitive prescription under the Civil Code of Québec.