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.