County of Iverness v. McIsaac

County of Iverness v. McIsaac

The confirming statute made the municipal resolution binding; the municipality was therefore liable for lands shown on the filed railway plan(s), and the four filed plans must be read together as the single plan referred to in the resolution, so the municipality was liable for the award for all lands shown.

Citation
(1905) 37 SCR 75
Parties
Appellant / Defendant: County of Inverness; Respondent / Plaintiff: James McIsaac
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 December 1905
Procedural Posture
Appeal From Supreme Court of Nova Scotia / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Contract Interpretation, Statutory Confirmation, Plans and Descriptions, Liability for Lands
Source Language
English
Municipal Law Railway Law Expropriation Law Contract Interpretation Statutory Confirmation Plans and Descriptions Liability for Lands

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Parties

County of Inverness

Appellant / Defendant

James McIsaac

Respondent / Plaintiff

Procedural Posture

Appeal From Supreme Court of Nova Scotia / Judgment on Appeal

Legal Issues

  1. 1 Whether the municipal resolution and its confirming statute bound the municipality to pay for lands shown on the filed railway plan even if in excess of statutory expropriation limits
  2. 2 Whether multiple supplementary plans filed by the railway company constitute the single plan referred to in the municipal resolution
  3. 3 Construction of the municipal resolution as a statutory compact binding the municipality and company

Ratio Decidendi

The confirming statute made the municipal resolution binding; the municipality was therefore liable for lands shown on the filed railway plan(s), and the four filed plans must be read together as the single plan referred to in the resolution, so the municipality was liable for the award for all lands shown.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment for plaintiff affirmed