Sutherland-Innes Co. v. Romney (Township)

Sutherland-Innes Co. v. Romney (Township)

The court held that the Drainage Act 1894 did not abrogate the fundamental local-improvement principle; lands that do not cause water by artificial means into a drain whose outlet lies in another municipality cannot be assessed for outlet liability and any outlet assessment is limited to the cost of the outlet work; section 75 applies to artificially constructed drains and authorizes assessment only for repair/maintenance of such drains, not for widening/deepening a natural watercourse or for reclamation embankments; assessments for benefit, injuring and outlet liability must be case-specific and based on prescribed criteria (including volume and speed of water).

Citation
(1900) 30 SCR 495
Parties
Plaintiff Appellant: Sutherland-Innes Company; Defendant Respondent: Township of Romney
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 October 1900
Procedural Posture
Appeal / Decision by Supreme Court of Canada on Appeal From Court of Appeal for Ontario
Outcome
Appeal allowed with costs as to by-law 601; appeal dismissed without costs as to by-law 602.
Legal Topics
Drainage Works, Assessment, Outlet Liability, Injuring Liability, Benefit Assessment, Construction of Statute, Maintenance and Repair, Jurisdiction of Municipal Councils
Source Language
English
Municipal Law Property Law Statutory Interpretation Administrative Law Drainage Law Drainage Works Assessment Outlet Liability +5 more

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Parties

Sutherland-Innes Company

Plaintiff Appellant

Township of Romney

Defendant Respondent

Procedural Posture

Appeal / Decision by Supreme Court of Canada on Appeal From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether lands that do not cause water to flow by artificial means into a drain that has an outlet in another municipality can be assessed for outlet liability
  2. 2 Whether the Drainage Act 1894 (57 Vict. c. 56) altered the fundamental local-improvement principle (qui sentit commodum...)
  3. 3 Whether s.75 of 57 Vict. c.56 authorizes assessments for widening/deepening natural watercourses or for reclamation embankments

Ratio Decidendi

The court held that the Drainage Act 1894 did not abrogate the fundamental local-improvement principle; lands that do not cause water by artificial means into a drain whose outlet lies in another municipality cannot be assessed for outlet liability and any outlet assessment is limited to the cost of the outlet work; section 75 applies to artificially constructed drains and authorizes assessment only for repair/maintenance of such drains, not for widening/deepening a natural watercourse or for reclamation embankments; assessments for benefit, injuring and outlet liability must be case-specific and based on prescribed criteria (including volume and speed of water).

Court Disposition

Appeal allowed with costs as to by-law 601; appeal dismissed without costs as to by-law 602.

Orders

  • Declare that Tilbury West council had no jurisdiction to impose the charges alleged by by-law No.45 upon the specified Romney lands (lots 21,22,23 in 5th concession; South 1/2 of lot 21, lots 22,23,26 in 4th concession; North 1/2 and West 1/2 of South 1/2 of lot 21, North 1/2 of lot 22, North 1/2 and West 1/2 of...
  • Restrain the council of the Township of Romney from enforcing by-law No.601 against those said lands