The County of Lincoln and the Township of North Grimsby v. The Township of South Grimsby

The County of Lincoln and the Township of North Grimsby v. The Township of South Grimsby

The Highway Improvement Act authorized the creation of a county system of highways and, by changing the character and control of the Queenston and Grimsby Road, displaced the 1882 exemption; accordingly South Grimsby was liable for rates under the Highway Improvement Act and the trial judge's dismissal of the action was restored.

Citation
(1922) 63 SCR 161
Parties
Appellant (defendant): Municipal Corporation of the County of Lincoln; Appellant (defendant): Municipal Corporation of the Township of North Grimsby; Respondent (plaintiff): Municipal Corporation of the Township of South Grimsby
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 February 1922
Procedural Posture
Appeal / Hearing and Decision by Supreme Court of Canada on Appeal From the Appellate Division of the Supreme Court of Ontario
Outcome
Appeal allowed; judgment of the trial judge restored and action dismissed against appellants; costs awarded to appellants
Legal Topics
Exemption From Rates, Highway Improvement Act, Change in Character of Public Works, Equitable Compensation, Estoppel
Source Language
English
Municipal Law Statutory Interpretation Highway Law Taxation Exemption From Rates Highway Improvement Act Change in Character of Public Works Equitable Compensation +1 more

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Parties

Municipal Corporation of the County of Lincoln

Appellant (defendant)

Municipal Corporation of the Township of North Grimsby

Appellant (defendant)

Municipal Corporation of the Township of South Grimsby

Respondent (plaintiff)

Procedural Posture

Appeal / Hearing and Decision by Supreme Court of Canada on Appeal From the Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Did the 1882 statutory exemption (45 Vict. c.33 s.8) continue to apply after the road was adopted into a county system under the Highway Improvement Act?
  2. 2 Whether the adoption of a county system of highways under R.S.O. 1914 c.40 changed the character of the Queenston and Grimsby Road so as to supersede the earlier exemption.
  3. 3 Whether South Grimsby should have sought relief under s.26 of the Highway Improvement Act rather than litigating.

Ratio Decidendi

The Highway Improvement Act authorized the creation of a county system of highways and, by changing the character and control of the Queenston and Grimsby Road, displaced the 1882 exemption; accordingly South Grimsby was liable for rates under the Highway Improvement Act and the trial judge's dismissal of the action was restored.

Court Disposition

Appeal allowed; judgment of the trial judge restored and action dismissed against appellants; costs awarded to appellants

Orders

  • Appeal allowed with costs
  • Judgment of the trial court dismissing the action restored