Township of Ellice v. Hiles / Township of Ellice v. Crooks

Township of Ellice v. Hiles / Township of Ellice v. Crooks

The Drainage Trials Act empowers the referee to amend and determine claims and to adjudicate damages recoverable under s.591 of the Municipal Act; the by-law authorizing the drain into Elma was valid under s.576 and assessments in Elma were binding; the municipality is liable for damages 'in the construction of the drain and consequent thereon' under s.591 (not generally as common law tortfeasors for work under a valid by-law); tenants may recover like freeholders; portion of Hiles's claim relating to by-law 265 was closed by prior statutory appeal and must be vacated.

Citation
(1894) 23 SCR 429
Parties
Defendant/appellant: The Corporation of the Township of Ellice; Plaintiff/respondent: Samuel R. Hiles; Plaintiff/respondent: George Crooks
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 May 1894
Procedural Posture
Civil Appeal (municipal Law; Damages) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Matters Referred to a Drainage Trials Act Referee
Legal Topics
Drainage, Municipal Liability, Damages, Referee Jurisdiction and Powers, Statutory Arbitration, Assessment for Benefit, Negligence, Tenant Recovery Rights
Source Language
English
Municipal Law Tort Property Law Civil Procedure Administrative Law Drainage Municipal Liability Damages +5 more

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Parties

The Corporation of the Township of Ellice

Defendant/appellant

Samuel R. Hiles

Plaintiff/respondent

George Crooks

Plaintiff/respondent

Procedural Posture

Civil Appeal (municipal Law; Damages) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Matters Referred to a Drainage Trials Act Referee

Legal Issues

  1. 1 Extent of referee's jurisdiction and power of amendment under the Drainage Trials Act
  2. 2 Whether municipal by-law to carry a drain into an adjoining township was valid under Municipal Act s.576 and related provisions
  3. 3 Whether landowners assessed for benefit can later litigate liability for damage caused by the work

Ratio Decidendi

The Drainage Trials Act empowers the referee to amend and determine claims and to adjudicate damages recoverable under s.591 of the Municipal Act; the by-law authorizing the drain into Elma was valid under s.576 and assessments in Elma were binding; the municipality is liable for damages 'in the construction of the drain and consequent thereon' under s.591 (not generally as common law tortfeasors for work under a valid by-law); tenants may recover like freeholders; portion of Hiles's claim relating to by-law 265 was closed by prior statutory appeal and must be vacated.