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Zardev Inc. v. Dydzak

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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areacanadacanadiancaselawcourtopinionpropertysale
canada, canadian, case law, court opinion, canlii, csc-scc, 2026scc27, 2026 scc 27 (canlii), 2026, scc, 27, (canlii), 41291, 2026, property, immovables, lots bounded by navigable lake, whether deeds of sale included adjacent submerged lots, cadastral renewal showing submerged strip immatriculated to developer, riparian lots identified by subdivision number, area, dimensions and “bounded by lake”, principal object found to be riparian lots only, appeal dismissed, property, immovables, accessories, civil code of québec, art. 1718, are submerged lots accessories to riparian lots and included in sales, accessorium sequitur principale, destination of property sold as waterfront vacation home sites, necessity for agreed use, peaceful enjoyment, exclusive shore access, declaration of buyers’ ownership upheld, contracts, sale, contract interpretation and exclusion of suppletive rule, civil code of québec, arts. 1434, 1718, 1425, whether accessory rule displaced by contracts, including “bounded by lake”, requirement of unequivocal exclusion, accessories not mentioned, buyers unaware of submerged lands, accessory rule not excluded, appeal dismissed
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