Bailey v. City of Victoria

Bailey v. City of Victoria

By‑law publication under Municipal Act s.53(176) is a mandatory condition; absent publication the expropriation by‑law was ineffective; dedication requires owner intent plus public acceptance evidenced by user or statutory act; the Registrar's unappealed refusal means no pending registration can subordinate a later registered mortgage—therefore the mortgagee's registered interest prevails against the city's unregistered conveyance and no highway by dedication existed at the time of the mortgage registration.

Citation
(1920) 60 SCR 38
Parties
Appellant (defendant): S. O. Bailey; Respondent (plaintiff): City of Victoria; Respondent (plaintiff): Attorney General of British Columbia
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 February 1920
Procedural Posture
Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for British Columbia; Final Judgment on Appeal
Outcome
Appeal allowed with costs; judgment of the Court of Appeal for British Columbia reversed.
Legal Topics
Dedication, Expropriation, Publication of By‑laws, Registration and Priority of Land Interests, Public User, Acceptance by Public Authority
Source Language
English
Municipal Law Property Law Real Property Registration Highways Law Dedication Expropriation Publication of By‑laws Registration and Priority of Land Interests +2 more

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Parties

S. O. Bailey

Appellant (defendant)

City of Victoria

Respondent (plaintiff)

Attorney General of British Columbia

Respondent (plaintiff)

Procedural Posture

Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for British Columbia; Final Judgment on Appeal

Legal Issues

  1. 1 Whether municipal by‑law was validly published as required by Municipal Act s.53(176)
  2. 2 Whether the city's unregistered conveyance from Moody (and payment) effected a dedication of land as a public highway
  3. 3 Whether public acceptance for dedication existed absent public user or statutory act

Ratio Decidendi

By‑law publication under Municipal Act s.53(176) is a mandatory condition; absent publication the expropriation by‑law was ineffective; dedication requires owner intent plus public acceptance evidenced by user or statutory act; the Registrar's unappealed refusal means no pending registration can subordinate a later registered mortgage—therefore the mortgagee's registered interest prevails against the city's unregistered conveyance and no highway by dedication existed at the time of the mortgage registration.

Court Disposition

Appeal allowed with costs; judgment of the Court of Appeal for British Columbia reversed.

Orders

  • Appeal allowed with costs
  • Judgment of the Court of Appeal for British Columbia reversed