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Submerged lakefront lots passed as accessories to sold riparian properties.
The appeal concerned whether submerged strips of privately owned land lying between sold riparian lots and a navigable lake were transferred with the lots under art. 1718 of the Civil Code of Québec.
The majority held that although the deeds of sale described only the riparian lots as principal property, the submerged parcels were accessories because they were destined to serve the lots and were necessary to their agreed use as private waterfront vacation properties with direct and exclusive shoreline access.
The Court formulated the applicable accessory analysis by focusing on the destination of the principal property, the accessory’s appropriation to that use, and the buyers’ legitimate expectations.
It further held that the contracts did not unequivocally exclude the accessory rule, particularly where the buyers were not informed of the submerged lands’ existence.
The appeal was dismissed with costs, over a dissent that would have held land cannot constitute an accessory in these circumstances and that the deeds excluded any such transfer.
The court validated service of a statement of claim on a defendant who actively evaded personal service.
The Plaintiffs, a consortium of telecommunications and media companies, brought a motion to validate service of their Statement of Claim on the Defendant, Tomasz Kaczmarek, who is alleged to be involved in operating illegal pirated IPTV services.
Despite multiple attempts at personal service and registered mail, Kaczmarek appeared to evade service, including transferring property ownership.
The court granted the order validating service as of October 21, 2022, finding that Kaczmarek had notice of the claim and was evading service, and ordered costs payable by Kaczmarek on a substantial indemnity basis.
