McGregor v. Harwich (Township)

McGregor v. Harwich (Township)

The action fails because plaintiffs did not prove the indispensable fact that the obstruction was caused by a person for whose acts the municipal corporation was responsible; absence of such proof requires dismissal of the appeal.

Citation
(1899) 29 SCR 443
Parties
Plaintiff Appellant: Alexander McGregor; Elizabeth McGregor; Defendant Respondent: Municipality of the Township of Harwich
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 March 1899
Procedural Posture
Civil Appeal — Tort (municipal Negligence) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Municipal Liability, Statutory Officer (pathmaster), Statute Labour, Highway Obstruction, Notice of Action, Non Repair
Source Language
English
Municipal Law Tort Negligence Municipal Liability Statutory Officer (pathmaster) Statute Labour Highway Obstruction Notice of Action +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Alexander McGregor; Elizabeth McGregor

Plaintiff Appellant

Municipality of the Township of Harwich

Defendant Respondent

Procedural Posture

Civil Appeal — Tort (municipal Negligence) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether plaintiff proved that the highway obstruction was placed by a person for whose acts the municipality is responsible
  2. 2 Whether the municipality is liable for acts of a statutory officer (pathmaster)
  3. 3 Whether the municipality is liable for acts of a ratepayer performing statute labour

Ratio Decidendi

The action fails because plaintiffs did not prove the indispensable fact that the obstruction was caused by a person for whose acts the municipal corporation was responsible; absence of such proof requires dismissal of the appeal.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for Ontario affirmed