Water Commissioners of London v. Saunby

Water Commissioners of London v. Saunby

The statutory phrase 'divert and appropriate' in the London Waterworks Act is broad enough to authorize the commissioners to dam and set aside river water (create reservoirs/mill‑ponds) and to generate power as part of a lawful waterworks system; where such statutory appropriation occurs, injured parties' remedies lie under the Act's arbitration/compensation provisions rather than by injunctive relief against authorized works. Accordingly the injunction granted below was not sustainable and the appeal is allowed.

Citation
(1904) 34 SCR 650
Parties
Appellant/defendant: The Water Commissioners for the City of London; Appellant/defendant: The Corporation of the City of London; Respondent/plaintiff: Joseph Danby Saunby
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 April 1904
Procedural Posture
Appeal (civil) / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada; Final Decision on Appeal
Outcome
Appeal allowed with costs; judgment of the Court of Appeal reversed.
Legal Topics
Appropriation of Water, Expropriation/compulsory Acquisition, Injunctive Relief, Damages, Arbitration Clause in Statutory Charter, Riparian Rights, Prescriptive Rights
Source Language
English
Municipal Law Property Law Tort Statutory Interpretation Water Rights Appropriation of Water Expropriation/compulsory Acquisition Injunctive Relief +4 more

Case Brief

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Parties

The Water Commissioners for the City of London

Appellant/defendant

The Corporation of the City of London

Appellant/defendant

Joseph Danby Saunby

Respondent/plaintiff

Procedural Posture

Appeal (civil) / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada; Final Decision on Appeal

Legal Issues

  1. 1 Whether the commissioners' statutory power to 'divert and appropriate' water authorized erection of a dam that pens back river water upstream and creates power
  2. 2 Whether the backing of water that injures an upstream riparian owner constitutes an 'appropriation' under s.5 requiring arbitration and compensation rather than a tort actionable by injunction
  3. 3 Whether the use of dammed water to create motive power for distribution of other waters falls within the powers of the water commissioners

Ratio Decidendi

The statutory phrase 'divert and appropriate' in the London Waterworks Act is broad enough to authorize the commissioners to dam and set aside river water (create reservoirs/mill‑ponds) and to generate power as part of a lawful waterworks system; where such statutory appropriation occurs, injured parties' remedies lie under the Act's arbitration/compensation provisions rather than by injunctive relief against authorized works. Accordingly the injunction granted below was not sustainable and the appeal is allowed.

Court Disposition

Appeal allowed with costs; judgment of the Court of Appeal reversed.

Orders

  • Judgment of the Court of Appeal reversed
  • Injunction granted below set aside