Rodd v. Corporation of the County of Essex

Rodd v. Corporation of the County of Essex

Where a county council has a statutory discretion to choose the place to provide official accommodation and has exercised that discretion conscientiously by offering offices in the county town, the court will not issue mandamus to compel an alternative location (Windsor); mandamus is inappropriate where the...

Source-derived case information.

Citation
(1910) 44 SCR 137
Parties
Appellant; County Crown Attorney and Clerk of the Peace: J.H. Rodd; Respondent; Municipal Corporation: Municipal Corporation of the County of Essex
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 December 1910
Procedural Posture
Mandamus Application; Municipal Office Accommodation / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs; judgment of the Court of Appeal for Ontario affirmed.
Legal Topics
Mandamus, County Council Discretion, Office Accommodation for County Officers, Judicial Review of Municipal Decisions
Source Language
english
Municipal Law Administrative Law Public Law Mandamus County Council Discretion Office Accommodation for County Officers Judicial Review of Municipal Decisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

J.H. Rodd

Appellant; County Crown Attorney and Clerk of the Peace

Municipal Corporation of the County of Essex

Respondent; Municipal Corporation

Procedural Posture

Mandamus Application; Municipal Office Accommodation / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the county council was obliged to provide the appellant an office in Windsor rather than the county town (Sandwich)
  2. 2 Whether mandamus was an appropriate remedy to compel the location of the office
  3. 3 Whether the county council had exercised its statutory discretion fairly and without bias

Ratio Decidendi

Where a county council has a statutory discretion to choose the place to provide official accommodation and has exercised that discretion conscientiously by offering offices in the county town, the court will not issue mandamus to compel an alternative location (Windsor); mandamus is inappropriate where the applicant has refused the accommodation offered and the council's discretion was not shown to be exercised arbitrarily, capriciously or with bias.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal for Ontario affirmed.

Orders

  • Appeal dismissed with costs
  • Court of Appeal judgment affirmed