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The wording of the agreement of August 17, 1960, undeniably left something to be desired. Nowhere in the deed or in the resolution was there any attempt made to state exactly where the removal was to be effected. The deed refers first to the “loading of the earth on his land”, meaning that of Savard. Subsequently, however, referring to the lots which were to be sold, it states “his lots”. Next comes the clause regarding the “reimbursement of the loading of the 27,000 cubic yards” (this is the first time they are mentioned in the deed), after they shall “have been removed from the official subdivision of Mr. Lucien Savard”. As we have seen this official subdivision included what was later named Alexandre Street, as well as the lots which were to be sold. It was only later that Savard transferred the site of the street to the municipality. However, in accepting this transfer the latter did not undertake to open the street to traffic. Such opening to traffic necessitated a by-law (Cities and Towns Act, R.S.Q. c. 193, s. 429, subs. 1). The by-law filed in the record only gives the street a name, which may be done by resolution or by-law (same section, subs. 7(a)).
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