Dinner v. Humberstone

Dinner v. Humberstone

Municipality of Edmonton had statutory authority under the Ferries Ordinance and its incorporating ordinance to grant an exclusive ferry license across the North Saskatchewan River beyond municipal territorial limits; the license issued under municipal resolution and corporate seal complied with the ordinance's...

Source-derived case information.

Citation
(1896) 26 SCR 252
Parties
Appellants/defendants: James Dinner and Others; Respondent/plaintiff: William Humberstone
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 May 1896
Procedural Posture
Appeal; Constitutional Law / Appeal to the Supreme Court of Canada From the Supreme Court of the North West Territories (in Banc)
Outcome
Appeal dismissed with costs; judgment below awarding respondent damages of $500 and costs affirmed.
Legal Topics
Ferries, Municipal Powers, Exclusive Licenses, Navigation, Tolls, Disturbance of Licensee, North West Territories Act Interpretation
Source Language
english
Constitutional Law Municipal Law Administrative Law Property Law Public Highways Ferries Municipal Powers Exclusive Licenses +4 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

James Dinner and Others

Appellants/defendants

William Humberstone

Respondent/plaintiff

Procedural Posture

Appeal; Constitutional Law / Appeal to the Supreme Court of Canada From the Supreme Court of the North West Territories (in Banc)

Legal Issues

  1. 1 Whether the Legislative Assembly of the North-west Territories could authorize municipalities to grant exclusive ferry licenses
  2. 2 Whether the Town of Edmonton had authority to grant an exclusive ferry license extending to a navigable river outside municipal limits
  3. 3 Whether a municipal by-law was required to create or authorize an exclusive ferry and tolls

Ratio Decidendi

Municipality of Edmonton had statutory authority under the Ferries Ordinance and its incorporating ordinance to grant an exclusive ferry license across the North Saskatchewan River beyond municipal territorial limits; the license issued under municipal resolution and corporate seal complied with the ordinance's prescribed mode and created an enforceable exclusive right; the defendants' club ferry operation infringed that exclusive right and respondent was entitled to damages; appeal dismissed.

Court Disposition

Appeal dismissed with costs; judgment below awarding respondent damages of $500 and costs affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment for respondent in the amount of $500 with costs