Paradis v. Municipality of Limoilou

Paradis v. Municipality of Limoilou

Because the findings of fact made by the lower courts were not shown to be manifestly erroneous, the Supreme Court refused to overturn those findings and dismissed the appeal with costs, restoring the judgment dismissing the plaintiff's action.

Citation
(1900) 30 SCR 405
Parties
Appellant / Plaintiff: Paul Paradis; Respondent / Defendant: Municipality of Limoilou
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 June 1900
Procedural Posture
Appeal / On Appeal to the Supreme Court of Canada From the Court of Queen's Bench (appeal Side)
Outcome
Appeal dismissed with costs; judgment of the Court of Queen's Bench restoring the Superior Court judgment dismissing the plaintiff's action affirmed.
Legal Topics
Questions of Fact, Appellate Deference, Nuisance, Standard of Review on Appeal
Source Language
English
Civil Procedure Property Law Municipal Law Tort (nuisance) Appellate Review Questions of Fact Appellate Deference Nuisance +1 more

Case Brief

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Parties

Paul Paradis

Appellant / Plaintiff

Municipality of Limoilou

Respondent / Defendant

Procedural Posture

Appeal / On Appeal to the Supreme Court of Canada From the Court of Queen's Bench (appeal Side)

Legal Issues

  1. 1 Whether works by the municipality in a watercourse constituted a threat or disturbance to the appellant's rights
  2. 2 Whether appellate courts should disturb findings of fact of lower courts absent manifest error

Ratio Decidendi

Because the findings of fact made by the lower courts were not shown to be manifestly erroneous, the Supreme Court refused to overturn those findings and dismissed the appeal with costs, restoring the judgment dismissing the plaintiff's action.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Queen's Bench restoring the Superior Court judgment dismissing the plaintiff's action affirmed.

Orders

  • Appeal dismissed with costs against the appellant.
  • Judgment of the Court of Queen's Bench restoring the Superior Court judgment dismissing the plaintiff's action is affirmed.