Township of Elizabethtown v. Township of Augusta

Township of Elizabethtown v. Township of Augusta

The 1886 amendment to s.570 authorized removal of artificial obstructions by municipal drainage procedures and, where the physical situation is unchanged, an engineer’s previously prepared report, plans, estimates and assessment may be treated as sufficient without a new examination; accordingly Elizabethtown was entitled to recover the sum assessed against lands in Augusta.

Citation
(1902) 32 SCR 295
Parties
Appellant / Plaintiff: Township of Elizabethtown; Respondent / Defendant: Township of Augusta
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 March 1902
Procedural Posture
Civil Appeal (municipal Law) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Trial Before Street J. at Brockville; Judgment Below Affirmed by Divided Court of Appeal
Outcome
Appeal allowed (majority)
Legal Topics
Removal of Obstructions (mill Dam), Engineer Report and Assessment, Statutory Amendment Effect, Apportionment of Costs, Preconditions to Municipal Drainage Proceedings, Mandamus and Limitation
Source Language
English
Municipal Law Statutory Interpretation Property/drainage Law Removal of Obstructions (mill Dam) Engineer Report and Assessment Statutory Amendment Effect Apportionment of Costs Preconditions to Municipal Drainage Proceedings +1 more

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Parties

Township of Elizabethtown

Appellant / Plaintiff

Township of Augusta

Respondent / Defendant

Procedural Posture

Civil Appeal (municipal Law) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Trial Before Street J. at Brockville; Judgment Below Affirmed by Divided Court of Appeal

Legal Issues

  1. 1 Whether the 1886 amendment to s.570 of the Municipal Act authorized removal of artificial obstructions and recovery of costs from an adjoining township
  2. 2 Whether an engineer’s prior report made before the amendment sufficed or a fresh examination, plans and assessment were required after the amendment
  3. 3 Whether procedural preconditions (majority petition, service, assessment) were strictly complied with

Ratio Decidendi

The 1886 amendment to s.570 authorized removal of artificial obstructions by municipal drainage procedures and, where the physical situation is unchanged, an engineer’s previously prepared report, plans, estimates and assessment may be treated as sufficient without a new examination; accordingly Elizabethtown was entitled to recover the sum assessed against lands in Augusta.

Court Disposition

Appeal allowed (majority)

Orders

  • Appeal allowed with costs in this Court and in the Court of Appeal
  • Judgment entered for the plaintiff (Township of Elizabethtown) in accordance with Chief Justice Armour’s judgment, for the amount assessable against lands and roads in the Township of Augusta