Case information

Prescription — Acquisitive prescription — Servitude of right of way — Interversion of title — Whether Quebec Court of Appeal erred in requiring that applicant prove interversion of title within meaning of art. 2914 of Civil Code of Québec; if not, whether there was interversion of title — Whether Court of Appeal erred in not recognizing applicant as owner by acquisitive prescription of lot 5 582 072 — Whether Court of Appeal erred in not finding that rights of way of respondents Shilldev inc. and Chana Bernstein on lot 5 582 072 were extinguished — Civil Code of Québec, arts. 922, 923 and 2914.

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The applicant, Ms. Morin Gonthier, is the owner of an immovable that is registered in the Quebec cadastre with a building constructed on it and that is located in Sainte-Agathe-des-Monts, Quebec. The property devolved to her by testamentary succession in her capacity as residuary universal legatee of the late Honourable Charles Joseph Doherty Gonthier on January 26, 2010. The lot had been acquired by the late Honourable Justice Gonthier through two transactions, one in 1976 and one in 1986. The two acts of sale refer to the purchaser’s right of way on the reserved land as running along the property sold. The lots relating to this reserved land, referred to as Chemin Doherty, now form renewed lot 5 582 072. The applicant initiated a proceeding before the Superior Court for recognition of her rights on the Chemin Doherty lot. She alleged that she and her late husband exercised peaceful, continuous, public and unequivocal possession as owners. The land was considered a thing without an owner, which resulted in it being managed by the Agence du revenu du Québec in its capacity as administrator of unclaimed property. The applicant also sought to have the servitudes of right of way that the respondents, Shilldev inc. and Ms. Bernstein, have on Chemin Doherty declared extinct. The Superior Court dismissed Ms. Morin Gonthier’s originating application and the respondents’ application for damages for abuse of procedure. The Court of Appeal dismissed Ms. Morin Gonthier’s appeal.