Murray v. Town of Westmount

Murray v. Town of Westmount

Because the controversy concerned title to land the Supreme Court had jurisdiction to entertain the appeal despite the monetary threshold; on the merits the by-law and expropriation were valid and within municipal powers and the appellant's objections were unsound, so the appeal was dismissed.

Citation
(1897) 27 SCR 579
Parties
Appellant/plaintiff: John S. Murray; Respondent/defendant: Town of Westmount
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 June 1897
Procedural Posture
Appeal to Supreme Court of Canada / Motion to Quash Jurisdiction and Hearing on Merits; Appeal From Court of Queen's Bench (appeal Side) and Superior Court, District of Montreal
Outcome
Motion to quash dismissed; appeal dismissed.
Legal Topics
Expropriation, By Law Validity, Title to Land, Appellate Jurisdiction, Special Assessment/taxation
Source Language
English
Property Law Municipal Law Civil Procedure Administrative Law Expropriation By Law Validity Title to Land Appellate Jurisdiction +1 more

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Parties

John S. Murray

Appellant/plaintiff

Town of Westmount

Respondent/defendant

Procedural Posture

Appeal to Supreme Court of Canada / Motion to Quash Jurisdiction and Hearing on Merits; Appeal From Court of Queen's Bench (appeal Side) and Superior Court, District of Montreal

Legal Issues

  1. 1 Whether an appeal lies to the Supreme Court where the controversy relates to title to land though amount in controversy is under $2,000
  2. 2 Whether municipal by-law authorizing widening of a street and expropriation of land and levying of a special tax is ultra vires
  3. 3 Whether the contested by-law and expropriation proceedings unlawfully deprive the appellant of title to land

Ratio Decidendi

Because the controversy concerned title to land the Supreme Court had jurisdiction to entertain the appeal despite the monetary threshold; on the merits the by-law and expropriation were valid and within municipal powers and the appellant's objections were unsound, so the appeal was dismissed.

Court Disposition

Motion to quash dismissed; appeal dismissed.

Orders

  • Motion to quash dismissed with costs
  • Appeal dismissed with costs