City of Ottawa v. Canada Atlantic Railway / City of Ottawa v. Montreal & Ottawa Railway Co.

City of Ottawa v. Canada Atlantic Railway / City of Ottawa v. Montreal & Ottawa Railway Co.

The railway companies were authorized by their charters and Dominion statute to cross public highways without municipal consent and without compensation absent statutory provision; "at or near the City of Ottawa" was reasonably construed to permit entry into the city (and implied inclusion of necessary counties),...

Source-derived case information.

Citation
(1903) 33 SCR 376
Parties
Appellant/defendant: City of Ottawa; Respondent/plaintiff: Canada Atlantic Railway Company; Respondent/plaintiff: Montreal and Ottawa Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 May 1903
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeals dismissed with costs; judgments of trial court and Court of Appeal affirmed.
Legal Topics
Railway Crossings, Compensation for Expropriation, Statutory Interpretation, Easements in Public Streets, Municipal Authority Over Highways, Construction of Railway Terminus
Source Language
english
Transportation Municipal Law Property Law Administrative Law Railway Crossings Compensation for Expropriation Statutory Interpretation Easements in Public Streets +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

City of Ottawa

Appellant/defendant

Canada Atlantic Railway Company

Respondent/plaintiff

Montreal and Ottawa Railway Company

Respondent/plaintiff

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether a railway company may cross municipal streets without municipal consent
  2. 2 Whether the municipality is entitled to compensation when a railway crosses a public highway
  3. 3 Whether a charter authorizing construction to a point "at or near" a city authorizes entry into the city and passage through an unmentioned county

Ratio Decidendi

The railway companies were authorized by their charters and Dominion statute to cross public highways without municipal consent and without compensation absent statutory provision; "at or near the City of Ottawa" was reasonably construed to permit entry into the city (and implied inclusion of necessary counties), and the Railway Committee's approval governs required safety measures.

Court Disposition

Appeals dismissed with costs; judgments of trial court and Court of Appeal affirmed.

Orders

  • Injunction granted restraining the City of Ottawa from preventing or interfering with the Canada Atlantic Railway Company from crossing Bridge Street and with the Montreal & Ottawa Railway Company from crossing Wellington Street
  • Counterclaims of the City of Ottawa dismissed