King's Asbestos Mines v. Municipality of South Thetford

King's Asbestos Mines v. Municipality of South Thetford

The valuators' award was invalid because it failed to mention the lots taken and to indicate the proprietors as required by art.918 of the Quebec Municipal Code; those requirements are substantive and not cured by the Code's curative provision (art.16); therefore the expropriation proceedings were null and the appellants entitled to reinstatement and damages.

Citation
(1909) 41 SCR 585
Parties
Plaintiff Appellant: King's Asbestos Mines; Defendant Respondent: Municipality of South Thetford
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 April 1909
Procedural Posture
Appeal From Court of King's Bench, Province of Quebec / Supreme Court of Canada Decision on Appeal
Outcome
Appeal allowed; judgments of Superior Court and Court of King's Bench reversed.
Legal Topics
Opening of Highways, Expropriation Procedure, Municipal Code Formalities, Awards and Indemnity, Procès Verbal and Notice Requirements, Nullity for Statutory Non‑compliance
Source Language
English
Municipal Law Property Law Administrative Law Expropriation Law Opening of Highways Expropriation Procedure Municipal Code Formalities Awards and Indemnity +2 more

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Parties

King's Asbestos Mines

Plaintiff Appellant

Municipality of South Thetford

Defendant Respondent

Procedural Posture

Appeal From Court of King's Bench, Province of Quebec / Supreme Court of Canada Decision on Appeal

Legal Issues

  1. 1 Whether the valuators' award complied with Quebec Municipal Code art.918 by describing the lots taken and indicating the proprietors
  2. 2 Whether omissions in the award could be cured by the Municipal Code curative provision (art.16)
  3. 3 Whether a 'first front road' requires an award or indemnity and whether that affects the validity of proceedings

Ratio Decidendi

The valuators' award was invalid because it failed to mention the lots taken and to indicate the proprietors as required by art.918 of the Quebec Municipal Code; those requirements are substantive and not cured by the Code's curative provision (art.16); therefore the expropriation proceedings were null and the appellants entitled to reinstatement and damages.

Court Disposition

Appeal allowed; judgments of Superior Court and Court of King's Bench reversed.

Orders

  • Declaration that plaintiffs are lawful possessors of the immovables described in their declaration
  • Defendant prohibited from troubling plaintiffs in their possession and plaintiffs reinstated and maintained in possession