Jamieson v. Edmonton (City)

Jamieson v. Edmonton (City)

Under s.507 of the Edmonton City Charter the municipality had a statutory duty to keep the sidewalk in a reasonable state of repair; habitual improper vehicular use made the sidewalk dangerous and placed the city on actual or imputed notice; the city failed to remedy the dangerous condition within a reasonable time or take reasonable preventive measures, and therefore was negligent and liable in damages. Proof of the nuisance established a prima facie case against the municipality.

Citation
(1916) 54 SCR 443
Parties
Appellant (plaintiff): Charles M. Jamieson; Respondent (defendant): City of Edmonton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 December 1916
Procedural Posture
Appeal Municipal Tort (personal Injury) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal allowed with costs; judgment of the trial judge restored.
Legal Topics
Maintenance of Highways, Sidewalk Liability, Notice and Imputation of Notice, Enforcement of by Laws, Liability for Defective Sidewalks
Source Language
English
Municipal Law Tort Negligence Nuisance Statutory Duty Maintenance of Highways Sidewalk Liability Notice and Imputation of Notice +2 more

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Parties

Charles M. Jamieson

Appellant (plaintiff)

City of Edmonton

Respondent (defendant)

Procedural Posture

Appeal Municipal Tort (personal Injury) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether the municipality owed a statutory duty to keep the sidewalk in reasonable repair under s.507 of the Edmonton City Charter
  2. 2 Whether habitual improper vehicular use of a pedestrian sidewalk placed the municipality on notice or imputed notice of dangerous disrepair
  3. 3 Whether proof of the existence of a nuisance or accident creates a prima facie case against the municipality under the charter

Ratio Decidendi

Under s.507 of the Edmonton City Charter the municipality had a statutory duty to keep the sidewalk in a reasonable state of repair; habitual improper vehicular use made the sidewalk dangerous and placed the city on actual or imputed notice; the city failed to remedy the dangerous condition within a reasonable time or take reasonable preventive measures, and therefore was negligent and liable in damages. Proof of the nuisance established a prima facie case against the municipality.

Court Disposition

Appeal allowed with costs; judgment of the trial judge restored.

Orders

  • Appeal allowed with costs
  • Judgment of McCarthy J. restored in favour of the appellant