City of Outremont v. Protestant School Trustees of the City of Outremont

City of Outremont v. Protestant School Trustees of the City of Outremont

Sections 84 and 85 of By‑Law 326 are ultra vires: s.85 unlawfully delegates legislative power by leaving permission for churches, schools and hospitals to the unfettered discretion of council (by resolution), and s.84 is inseparable from s.85 so that both provisions must be invalidated; therefore the municipality cannot rely on them to deny the trustees' permit and mandamus should issue.

Citation
[1952] 2 SCR 506
Parties
Appellant / Defendant: City of Outremont; Respondent / Plaintiff: Protestant School Trustees of the City of Outremont; Mis En Cause: Émile Lacroix
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 October 1952
Procedural Posture
Mandamus / Appeal to the Supreme Court of Canada From Court of King's Bench, Province of Quebec (appeal Side)
Outcome
Appeal dismissed; lower court order granting mandamus in favour of the Protestant School Trustees upheld.
Legal Topics
Mandamus, Ultra Vires, Zoning/by‑laws, Delegation of Legislative Power, Severability of By‑laws
Source Language
English
Municipal Law Administrative Law Education Law Constitutional Law Mandamus Ultra Vires Zoning/by‑laws Delegation of Legislative Power +1 more

Case Brief

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Parties

City of Outremont

Appellant / Defendant

Protestant School Trustees of the City of Outremont

Respondent / Plaintiff

Émile Lacroix

Mis En Cause

Procedural Posture

Mandamus / Appeal to the Supreme Court of Canada From Court of King's Bench, Province of Quebec (appeal Side)

Legal Issues

  1. 1 Whether By‑Law 326 ss.84 and 85 applied to the proposed school extension
  2. 2 Whether s.85 unlawfully delegated legislative power to council by resolution (ultra vires)
  3. 3 Whether s.84 is severable from s.85 or must fall if s.85 is invalid

Ratio Decidendi

Sections 84 and 85 of By‑Law 326 are ultra vires: s.85 unlawfully delegates legislative power by leaving permission for churches, schools and hospitals to the unfettered discretion of council (by resolution), and s.84 is inseparable from s.85 so that both provisions must be invalidated; therefore the municipality cannot rely on them to deny the trustees' permit and mandamus should issue.

Court Disposition

Appeal dismissed; lower court order granting mandamus in favour of the Protestant School Trustees upheld.

Orders

  • Appeal dismissed with costs
  • Peremptory writ of mandamus ordering the City of Outremont and Émile Lacroix to issue the requested permit to the Protestant School Trustees