La Ville Saint-Laurent v. Marien

Appeal allowed: municipality not liable because council acted in good faith in interpreting its bylaw, bad faith was not proven, the plaintiff's losses were caused by changed economic conditions and delay in litigation not attributable to the city, and defending the bylaw interpretation in mandamus was not an abuse of process; therefore no cause of action under Art.1053 C.C.

Citation: [1962] SCR 580
Parties: Defendant/appellant: La Ville Saint-Laurent; Plaintiff/respondent: Joseph Armand Marien
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 24 April 1962
Procedural Posture: Appeal to Supreme Court of Canada / Final Judgment on Appeal
Outcome: Appeal allowed; action dismissed
Legal Topics: Building Permits, Bylaw Interpretation, Good Faith Vs Bad Faith, Mandamus, Damages, Abuse of Process
Source Language: English

Municipal Law Administrative Law Civil Liability Building Permits Bylaw Interpretation Good Faith Vs Bad Faith Mandamus Damages +1 more

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Parties

La Ville Saint-Laurent

Defendant/appellant

Joseph Armand Marien

Plaintiff/respondent

Procedural Posture

Appeal to Supreme Court of Canada / Final Judgment on Appeal

Legal Issues

1 Whether a municipality is liable in damages for refusing to issue a building permit based on an erroneous interpretation of a bylaw
2 Whether good faith is presumed for municipal councils and whether bad faith was proved
3 Whether losses claimed (loss of profit) were caused by the municipality or by intervening factors such as changed economic conditions and court delays

Ratio Decidendi

Court Disposition

Appeal allowed; action dismissed

Orders

Appeal allowed with costs
Action dismissed and judgments of the Court of Queen's Bench and Superior Court reversed