THE KING v. JALBERT AND ANOTHER. ATTORNEY-GENERAL OF QUEBEC v. THE KING AND ANOTHER.

(1938) 60 Ll.L.Rep. 33

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Lord Atkin, Lord Thankerton, Lord Russell of Killowen, Lord Wright and Lord Maugham.

Canada - Public harbour - Foreshore - Grant in 1907 by Province of Quebec to respondent of beach lot at Chicoutimi, River Saguenay-Taken possession of by Crown through its statutory agent, Chicoutimi Harbour Commission, without expropriation proceedings, for purpose of harbour improvements - Petition of right brought by respondent grantee-Title of grantee to beach lot-Validity of grant-Whether title to beach lot vested in Dominion of Canada under Sect. 108 and Third Schedule of British North America Act, 1867-"Public harbour" -Whether beach lot an integral part of public harbour-Onus of proof- Appeal by Crown against decision of Supreme Court of Canada (reversing Court of Exchequer) in favour of grantee.