Montgomery et al. v. Rural Municipality of Assiniboia

Montgomery et al. v. Rural Municipality of Assiniboia

The municipality was authorized by s.590 of the Municipal Act to enter upon and carry out the drain works under valid by-laws without formal expropriation; the owners’ remedy is statutory compensation; the County Court could not enforce an equitable right based on prior assent, and the by-laws in question (though one was imperfectly drafted) were sufficient authority for the works; defendants’ title was subject to these statutory rights.

Citation
[1930] SCR 494
Parties
Defendants Appellants: Agnes Schultz Montgomery and Others; Plaintiff Respondent: The Rural Municipality of Assiniboia
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 June 1930
Procedural Posture
Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba; Cross Appeal by Plaintiff
Outcome
Defendants' appeal dismissed; plaintiff's cross-appeal allowed; judgment of the trial judge restored.
Legal Topics
Drainage, Expropriation, Compensation, Municipal Powers, Jurisdiction of County Court
Source Language
English
Municipal Law Property Law Equity Administrative Law Drainage Expropriation Compensation Municipal Powers +1 more

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Parties

Agnes Schultz Montgomery and Others

Defendants Appellants

The Rural Municipality of Assiniboia

Plaintiff Respondent

Procedural Posture

Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba; Cross Appeal by Plaintiff

Legal Issues

  1. 1 Whether a municipality may enter upon private land and make or maintain drains by by-law without formal expropriation
  2. 2 Whether by-laws in question provided sufficient authority under the Municipal Act s.590
  3. 3 Whether the County Court had jurisdiction to enforce an equitable right arising from a landowner's assent and completed works

Ratio Decidendi

The municipality was authorized by s.590 of the Municipal Act to enter upon and carry out the drain works under valid by-laws without formal expropriation; the owners’ remedy is statutory compensation; the County Court could not enforce an equitable right based on prior assent, and the by-laws in question (though one was imperfectly drafted) were sufficient authority for the works; defendants’ title was subject to these statutory rights.

Court Disposition

Defendants' appeal dismissed; plaintiff's cross-appeal allowed; judgment of the trial judge restored.

Orders

  • Appeal dismissed with costs to respondent
  • Cross-appeal allowed with costs to respondent