logo
Skip Navigation Links Home        Webinars & Training        New & Notable        News Item Details
Print Share This Page

News Item Details

Apr 6, 2017

Supreme Court of Canada decision: Acquisitive Prescription


The Supreme Court of Canada released the following decision:

Ostiguy v. Allie, 2017 SCC 22, File No. 36694

(Prescription — Acquisitive prescription — Immovables — Publication of rights — Effective possession of parking space on neighbouring lot for more than 10 years — Application by new owners for injunction to stop possessor from parking on their property being dismissed by Superior Court and Court of Appeal — Provision of Civil Code stating that person who has possessed immovable as its owner for 10 years “may acquire the ownership of it only upon a judicial application” — Whether right of ownership acquired by prescription that has not been subject of judicial application may be set up against new owner of immovable who has registered title in land register — Respective roles of acquisitive prescription and publication of rights system in Quebec civil law — Nature of judgment resulting from application for judicial recognition of right of ownership acquired by prescription — Civil Code of Québec, arts. 922, 2910 and 2918.)
Back

Search

Search the News Archives

Need Help?

Found a broken link? Our New & Notable feed is intended to be a current awareness service. Over time, links to external sites may change. If a link doesn't work, try searching the internet for the page or document you're looking for. Or, you can contact us and we'll help you find it.  

Please Upgrade Your Browser

This site's design is only visible in a graphical browser that supports web standards, but its content is accessible to any browser or Internet device.