Sinclair v. Town of Owen Sound

Sinclair v. Town of Owen Sound

Section 355 must be read in its statutory context as referring to ratepayers entitled to vote under ss.353-354, which are expressly confined to by-laws for contracting debts; therefore s.355 does not authorize duplicate ward voting for a local option by-law under the Liquor License Act and electors are limited to a single vote.

Citation
(1907) 39 SCR 236
Parties
Appellant / Plaintiff: William Henry Sinclair; Respondent / Defendant: The Corporation of the Town of Owen Sound
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1907
Procedural Posture
Appeal / Supreme Court of Canada on Appeal From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Local Option Voting, Voting Rights, Statutory Interpretation, Liquor Licensing, Municipal Act Procedure
Source Language
English
Municipal Law Local Option Voting Voting Rights Statutory Interpretation Liquor Licensing Municipal Act Procedure

Case Brief

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Parties

William Henry Sinclair

Appellant / Plaintiff

The Corporation of the Town of Owen Sound

Respondent / Defendant

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether a ratepayer may vote in each ward in which he is qualified on a local option by-law under the Liquor License Act
  2. 2 Construction of s.355 of the Municipal Act (Consolidated Municipal Act of 1903) and its relationship to ss.353-354 and prior provisions permitting duplicate voting

Ratio Decidendi

Section 355 must be read in its statutory context as referring to ratepayers entitled to vote under ss.353-354, which are expressly confined to by-laws for contracting debts; therefore s.355 does not authorize duplicate ward voting for a local option by-law under the Liquor License Act and electors are limited to a single vote.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs