The appellant's immovables were sold at public auction for non-payment of taxes and acquired by the respondent City.
The appellant brought an action to quash the tax by-laws and the sale.
While the action was pending, the City sold the immovables to a third party.
The courts eventually quashed the by-laws and the sale.
The appellant then brought a new action claiming damages and the monetary equivalent of the immovables, alleging a sale of another's property and unjust enrichment.
The Supreme Court of Canada held that while the appellant had a valid claim for the recovery of a thing not due, the subsequent action for damages and monetary reimbursement was prescribed under the six-month limitation period in the Cities and Towns Act.
