Manitoba v. Senick, (1982) 17 Man.R.(2d) 257 (CA)

• Judge: Freedman, C.J.M., Monnin and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: February 22, 1982
• Jurisdiction: Manitoba
• Citations: (1982), 17 Man.R.(2d) 257 (CA)

Man. v. Senick (1982), 17 Man.R.(2d) 257 (CA)

MLB headnote and full text

Manitoba, Province of v. Senick and Senick

(Suit No. 378/81)

Indexed As: Manitoba v. Senick

Manitoba Court of Appeal

Freedman, C.J.M., Monnin and Huband, JJ.A.

April 26, 1982.

Summary:

Land was sold to the Province of Manitoba, with the vendors retaining haying privileges. The province sought a declaration that the vendors had no estate or interest in the land, that the vendors' right of haying privileges was a license and that the duration of the vendors' right was at the will of each party.

The Manitoba Court of Queen's Bench, in a decision reported in 14 Man.R.(2d) 356, held that the vendors had no estate or interest in the land, that the right of haying privileges was a license coupled with a profit à prendre and that the privilege could not be unilaterally terminated by the province, even upon reasonable notice. The province appealed the finding that it could not unilaterally terminate the vendors' haying privileges.

The Manitoba Court of Appeal dismissed the appeal.

Real Property - Topic 5250

Easements, licences and prescriptive rights - Licences - Revocation - The Manitoba Court of Appeal held that ordinarily licences can be unilaterally revoked upon reasonable notice provided there is no covenant not to revoke - See paragraph 17.

Real Property - Topic 7265

Easements - Licences and prescriptive rights - Profits à prendre - Revocation - As part of the consideration for the sale of their land to the Crown, the vendors were granted the right to remove hay from the land - The Manitoba Court of Appeal affirmed that the vendors were granted a profit à prendre which could not be unilaterally revoked by the province, even upon reasonable notice - See paragraph 17.

Cases Noticed:

Winter Garden Theatre (London) Ltd. v. Millenium Productions Ltd., [1974] 2 All E.R. 331, dist. [para. 14].

Statutes Noticed:

Rules of Court, Queen's Bench Rules, rule 537(1) [para. 6].

Authors and Works Noticed:

Meggary and Wade, The Law of Real Property (4th Ed.), p. 779 [para. 10].

Counsel:

E. Rodin, for the appellant;

A.H. Adam, for the respondents.

This appeal was heard on February 22, 1982, by FREEDMAN, C.J.M., MONNIN and HUBAND, JJ.A., of the Manitoba Court of Appeal. On April 26, 1982, HUBAND, J.A., delivered the following decision for the Court of Appeal.