City of Portage La Prairie v. B.C. Pea Growers Ltd.

City of Portage La Prairie v. B.C. Pea Growers Ltd.

The municipality was liable because the sewage lagoon caused seepage constituting a nuisance that was neither expressly or impliedly authorized by statute nor an inevitable consequence of the statutory powers; s.28A did not displace common law remedies and s.944 did not apply because liability was not based on engineer negligence.

Citation
[1966] SCR 150
Parties
Appellant (defendant): City of Portage La Prairie; Respondent (plaintiff): B.C. Pea Growers Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 December 1965
Procedural Posture
Civil Appeal (municipal Law / Nuisance) / Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba
Outcome
Appeal dismissed with costs.
Legal Topics
Nuisance, Sewage Disposal, Municipal Liability, Statutory Authorization, Expropriation / Compensation, Defence of Engineer's Negligence
Source Language
English
Municipal Law Tort Property Law Statutory Interpretation Nuisance Sewage Disposal Municipal Liability Statutory Authorization +2 more

Case Brief

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Parties

City of Portage La Prairie

Appellant (defendant)

B.C. Pea Growers Limited

Respondent (plaintiff)

Procedural Posture

Civil Appeal (municipal Law / Nuisance) / Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba

Legal Issues

  1. 1 Whether seepage from a municipal sewage lagoon constituted a nuisance for which the municipality is liable
  2. 2 Whether the municipal charter or other statutes authorized or made inevitable the nuisance so as to bar liability
  3. 3 Whether s. 28A of The Expropriation Act precluded common law remedies and provided the exclusive compensation scheme

Ratio Decidendi

The municipality was liable because the sewage lagoon caused seepage constituting a nuisance that was neither expressly or impliedly authorized by statute nor an inevitable consequence of the statutory powers; s.28A did not displace common law remedies and s.944 did not apply because liability was not based on engineer negligence.

Court Disposition

Appeal dismissed with costs.

Orders

  • Injunction restraining the City of Portage La Prairie from causing or permitting sewage, water or effluent from its sewage lagoon to escape onto the plaintiff's land
  • Award of damages to the plaintiff