De La Penha v. Her Majesty in Right of Newfoundland

Abstract

Territory — Acquisition of territory — Treaty of Paris, 1763 — Cession — Acquisition by Britain of sovereignty over Labrador from France — Territory subsequently transferred to Newfoundland — Plaintiff claiming title to land in Labrador — Alleged grant from Prince William of Orange — Whether effective occupation includes possession and administration of government — Whether territory acquired by prescription from Holland

Treaties — Effect — Treaty of Paris, 1763 — Acquisition by Britain of sovereignty and ownership over Labrador — Whether leading to obliteration of any property rights acquired before the Treaty — Whether exception in case of existing claims brought to the attention of the Crown and acknowledged by it — The law of Canada