Michaud v. Guimond, [1968] N.B. Law News No. 86 (CA)

• Judge: Bridges, C.J.N.B., Limerick and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: January 01, 1968
• Jurisdiction: New Brunswick
• Citations: [1968] N.B. Law News No. 86 (CA)

Michaud v. Guimond, [1968] N.B. Law News No. 86 (CA)

MLB Law News

Evelyne Michaud v. Rita Michaud Guimond

Indexed As: Michaud v. Guimond

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Limerick and Hughes, JJ.A.

1968.

Summary:

Property - Tenancy in Common - Appeal dismissed with costs, upholding a decision of the Queen's Bench Division dismissing the Pl.'s action for a declaration of ownership of certain lands and an injunction restraining the Df. and others from trespass thereon.

The previous owner of the disputed property had died intestate, leaving his widow and three children, including the Df. and the husband of the Pl. By subsequent conveyances from the other shareholders in the property the Pl. acquired a 2/3 interest in the disputed land, while the Df. was left with a 1/6 interest.

Court followed Carson v. McMahon (1940) 15 M.P.R. 109 and held that:

"As the plaintiff and defendant are tenants-in-common of the two disputed areas, neither can maintain an action of trespass against the other nor obtain an injunction to restrain the other from entering upon the disputed areas or exercising acts of ownership on them".

Counsel:

J.Y. Arsenault, for the plaintiff;

Fernand G. Dube, for the defendant.

This appeal was heard before Bridges, C.J.N.B., Limerick and Hughes, JJ.A., of the New Brunswick Supreme Court, Appeal Division, who delivered the following decision in 1968.