Forest Lawn Cemetery Co. v. Corporation of the District of Burnaby

Forest Lawn Cemetery Co. v. Corporation of the District of Burnaby

The Cemetery Companies Act does not confer authority on an incorporated cemetery company to establish burial grounds within a municipality without the consent required by the Municipal Act; therefore the municipal by-law passed under s.58(74) validly restrains the appellant's use of the additional lands for cemetery purposes and the appeal is dismissed.

Citation
[1955] SCR 727
Parties
Appellant (defendant): Forest Lawn Cemetery Company; Respondent (plaintiff): Corporation of the District of Burnaby
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 October 1955
Procedural Posture
Civil Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed
Legal Topics
Cemetery Companies Act, Municipal Act S.58(73), (74), By Law Validity, Estoppel, Incorporation Powers, Derogation of Grant
Source Language
English
Municipal Law Property Law Statutory Interpretation Administrative Law Commercial Law Cemetery Companies Act Municipal Act S.58(73),(74) By Law Validity +3 more

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Parties

Forest Lawn Cemetery Company

Appellant (defendant)

Corporation of the District of Burnaby

Respondent (plaintiff)

Procedural Posture

Civil Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether incorporation under the Cemetery Companies Act authorizes a cemetery company to locate a burying ground within a municipality despite a municipal by-law under Municipal Act s.58(74)
  2. 2 Whether the respondent municipality was estopped from withholding consent to use the lands for cemetery purposes
  3. 3 Whether approval by the Minister of Health (Cemetery Sites Approval/Cemeteries Act) overrides municipal consent requirements

Ratio Decidendi

The Cemetery Companies Act does not confer authority on an incorporated cemetery company to establish burial grounds within a municipality without the consent required by the Municipal Act; therefore the municipal by-law passed under s.58(74) validly restrains the appellant's use of the additional lands for cemetery purposes and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Injunction restraining the appellant from using the specified lands within the respondent municipality for cemetery purposes remains in force