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1946 Supreme(SC) 42

Attorney-General of Canada and another – Appellant
Versus
Attorney-General of the Province of Quebec and another, Respondents, Attorney-General of Saskatchewan, Alberta and Manitoba,Interveners – Respondent


Advocates Appeared:
Redden, Blake, Lawrence Jones and Co., Charles Russell Co., A.G. of Canada, Frank Gahan, Frank Gahan, L.E. Beaulieu , V, C.F.H. Carson, L.A. Forsyth , Attorney-General of Canada, W.R. Jackett, H.E. O’Donnell

Lord Porter:-

In this matter consolidated appeals are brought to the Judicial Committee by the Attorney General of the Canada and the Bank of Montreal from a judgment of the Court of King's Bench for the Province of Quebec (Appeal Side) dated 29th June 1943, affirming by a majority the judgment of the Superior Court of the Province (Demers J.) delivered on 6th October 1941, which held the Quebec Statute entitled "an Act Respecting Certain Vacant Property Without an Owner" (3 George VI, 1939, ch. 28) to be within the powers of the Legislature of Quebec to enact and to apply to the Bank of Montreal. The Court of King's Bench consisted of Letourneau C. J., St. Germain, Walsh, Francoeur and Marchand JJ., Marchand J. dissenting.

[2] The material clause in the Quebec Statute runs as follows:

"The following are deemed to be vacant property and without an owner, belonging to His Majesty in the rights of the Province of Quebec, deposits of money and of securities and all credits in specie or in securities, with the fruits thereof, in credit institutions and all other establishments which receive funds or securities on deposit, whenever, for thirty years or more, such deposits or credits have n


































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