Sandon Water Works & Light Co. v. Byron N. White Co.

Sandon Water Works & Light Co. v. Byron N. White Co.

Approval by the Lieutenant Governor in Council of plans is a condition precedent to permanent interference with plaintiffs' soil under the company statute; payment of compensation is not a condition precedent to surveying or taking temporary possession for purposes of works; because the approval issue was not properly dealt with at trial the court should refuse a mandatory injunction on the present record and leave the parties to pursue trespass, ejectment or statutory expropriation procedures; accordingly the judgment below is varied by striking out the injunction and the appeal is allowed in part without costs.

Citation
(1904) 35 SCR 309
Parties
Appellant (defendant Below): Sandon Water Works & Light Company; Respondent (plaintiff Below): Byron N. White Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 November 1904
Procedural Posture
Civil Appeal Trespass and Mandatory Injunction; Statutory Expropriation / Appeal to Supreme Court of Canada From Supreme Court of British Columbia
Outcome
Appeal allowed in part; judgment below varied by refusing the mandatory injunction; matter remitted to parties to pursue appropriate remedies; appeal heard without costs.
Legal Topics
Expropriation, Water Rights, Condition Precedent, Injunction, Trespass, Pleadings (rule 168), Costs
Source Language
English
Property Law Administrative Law Civil Procedure Equity Statutory Interpretation Expropriation Water Rights Condition Precedent +4 more

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Parties

Sandon Water Works & Light Company

Appellant (defendant Below)

Byron N. White Company

Respondent (plaintiff Below)

Procedural Posture

Civil Appeal Trespass and Mandatory Injunction; Statutory Expropriation / Appeal to Supreme Court of Canada From Supreme Court of British Columbia

Legal Issues

  1. 1 Whether defendants complied with statutory conditions precedent to enter, survey and appropriate plaintiffs' land under the Sandon Water Works Act
  2. 2 Whether approval by the Lieutenant Governor in Council and payment of compensation were conditions precedent to entry or interference with soil
  3. 3 Whether a point not pleaded or raised at trial can be first taken on appeal

Ratio Decidendi

Approval by the Lieutenant Governor in Council of plans is a condition precedent to permanent interference with plaintiffs' soil under the company statute; payment of compensation is not a condition precedent to surveying or taking temporary possession for purposes of works; because the approval issue was not properly dealt with at trial the court should refuse a mandatory injunction on the present record and leave the parties to pursue trespass, ejectment or statutory expropriation procedures; accordingly the judgment below is varied by striking out the injunction and the appeal is allowed in part without costs.

Court Disposition

Appeal allowed in part; judgment below varied by refusing the mandatory injunction; matter remitted to parties to pursue appropriate remedies; appeal heard without costs.

Orders

  • Appeal allowed in part
  • Judgment of Supreme Court of British Columbia varied by striking out the mandatory injunction