Gale v. Bureau

Gale v. Bureau

Statutory provisions authorizing improvements to watercourses and providing for arbitration of compensation do not oust the jurisdiction of the courts to entertain actions for resulting damage; courts may award damages for past injuries and reserve rights as to future damages; statutory defences based on procedural/arbitral mechanisms must be pleaded and prescription did not bar the present action for injuries within the limitation period.

Citation
(1911) 44 SCR 305
Parties
Appellant (defendant): Francis G. Gale; Respondent (plaintiff): Marcellin Bureau
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 February 1911
Procedural Posture
Appeal to Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec / Final Appellate Decision (judgment on Appeal)
Outcome
Appeal dismissed with costs.
Legal Topics
Damages, Nuisance, Prescription, Arbitration, Riparian Rights, Statutory Interpretation, Expert Assessment, Future Damages
Source Language
English
Property Tort Maritime Law Civil Procedure Damages Nuisance Prescription Arbitration +4 more

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Parties

Francis G. Gale

Appellant (defendant)

Marcellin Bureau

Respondent (plaintiff)

Procedural Posture

Appeal to Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec / Final Appellate Decision (judgment on Appeal)

Legal Issues

  1. 1 Whether statutory arbitration under R.S.Q. arts. 5535-5536 ousts court jurisdiction to award damages
  2. 2 Proper measure of damages and whether damages must be assessed once for all or may be limited to past injury with reservation for future claims
  3. 3 Whether prescription of thirty years barred the action

Ratio Decidendi

Statutory provisions authorizing improvements to watercourses and providing for arbitration of compensation do not oust the jurisdiction of the courts to entertain actions for resulting damage; courts may award damages for past injuries and reserve rights as to future damages; statutory defences based on procedural/arbitral mechanisms must be pleaded and prescription did not bar the present action for injuries within the limitation period.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.