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Tremblay et Autres v. Boivin et Autres

[1960] C.S. 235

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Tremblay et Autres v. Boivin et Autres

Quebec Superior Court

[1960] C.S. 235

Facts

Philippe Tremblay (plaintiff) and his hunting partners were hunting for moose in Quebec. The party saw a moose walking normally through the forest, and Tremblay shot at it. The moose fell, and Tremblay fired four more shots to kill it. As Tremblay and his partners were gutting the moose, Olivier Boivin (defendant) arrived and announced that he had shot the moose first and had wounded it. Boivin claimed that he had been tracking the animal, following drops of blood on the ground, over approximately 1.5 miles for about 30 minutes. Tremblay and his partners offered to give a quarter of the moose to Boivin to settle his claim, and Boivin went to get his father and brother to consult them. When the Boivins returned, they demanded one half of the moose and its head. Tremblay and his partners refused and attempted to drag the moose away. The Boivins became threatening and shoved Tremblay and his partners, cutting the rope they were using to drag the moose. In order to avoid more violence, Tremblay and his partners told the Boivins that they would leave and return with an official to settle the dispute and told the Boivins to leave the moose where it was. The Boivins instead took the moose and removed it. Tremblay and his hunting partners sued the Boivins for $1,600 in damages.

Rule of Law

Issue

Holding and Reasoning

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