District of North Vancouver v. McKenzie Barge & Marine Ways Ltd.

District of North Vancouver v. McKenzie Barge & Marine Ways Ltd.

Majority: s.529, read with s.527 and s.478, precludes any action in court for damages arising from the exercise by a district municipality of the statutory power to construct, maintain or operate ditches under s.527; the statutory remedy is the compensation mechanism in s.478(1); failure to follow optional s.528 procedures did not remove the statutory bar; on the facts the trial judge properly found the work was within the statutory power, so judgment for the municipality is restored.

Citation
[1965] SCR 377
Parties
Defendant; Appellant: District of North Vancouver; Plaintiff; Respondent: McKenzie Barge & Marine Ways Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 February 1965
Procedural Posture
Civil Appeal (municipal Law; Tort) / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal allowed; judgment at trial restored for defendant municipality; Spence J. dissenting
Legal Topics
Municipal Liability, Private Nuisance, Negligence, Injurious Affection, Statutory Defence (municipal Act Ss.527, 529, 478), Injunction, Damages Limitation
Source Language
English
Municipal Law Tort Statutory Interpretation Municipal Liability Private Nuisance Negligence Injurious Affection Statutory Defence (municipal Act Ss.527,529,478) +2 more

Case Brief

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Parties

District of North Vancouver

Defendant; Appellant

McKenzie Barge & Marine Ways Ltd.

Plaintiff; Respondent

Procedural Posture

Civil Appeal (municipal Law; Tort) / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether s.529 of the Municipal Act bars actions in court for damages arising from construction, maintenance or operation of ditches under s.527
  2. 2 Whether the municipality is liable in negligence or for private nuisance for silt deposition affecting plaintiff's marine ways
  3. 3 Whether remedy for injurious affection is limited to arbitration under s.478(1)

Ratio Decidendi

Majority: s.529, read with s.527 and s.478, precludes any action in court for damages arising from the exercise by a district municipality of the statutory power to construct, maintain or operate ditches under s.527; the statutory remedy is the compensation mechanism in s.478(1); failure to follow optional s.528 procedures did not remove the statutory bar; on the facts the trial judge properly found the work was within the statutory power, so judgment for the municipality is restored.

Court Disposition

Appeal allowed; judgment at trial restored for defendant municipality; Spence J. dissenting

Orders

  • Judgment at trial restored
  • Plaintiff's action dismissed