Toronto Transportation Commission v. Village of Swansea

Toronto Transportation Commission v. Village of Swansea

Where sidewalks and curbs were lawfully constructed under the Local Improvement Act years before, the statutory scheme displaces the asserted common law right to compel a municipality to alter those works to provide vehicular access, and absent a statutory procedure permitting such subsequent alteration the owner cannot obtain a mandatory order to change the curb/sidewalk.

Citation
[1935] SCR 455
Parties
Plaintiff/appellant: Toronto Transportation Commission; Defendant/respondent: The Corporation of the Village of Swansea
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1935
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Right of Access, Curb and Sidewalk Alterations, Local Improvements, Compensation for Injurious Affection, Statutory Interpretation
Source Language
English
Property Municipal Law Highways Administrative Law Right of Access Curb and Sidewalk Alterations Local Improvements Compensation for Injurious Affection +1 more

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Parties

Toronto Transportation Commission

Plaintiff/appellant

The Corporation of the Village of Swansea

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether an owner adjoining a public street can compel a municipality to alter a sidewalk/curb to provide vehicular access
  2. 2 Whether the Municipal Act and the Local Improvement Act displace the common law right of access
  3. 3 Whether a statutory procedure exists for individual owners to change curbs or approaches constructed under the Local Improvement Act

Ratio Decidendi

Where sidewalks and curbs were lawfully constructed under the Local Improvement Act years before, the statutory scheme displaces the asserted common law right to compel a municipality to alter those works to provide vehicular access, and absent a statutory procedure permitting such subsequent alteration the owner cannot obtain a mandatory order to change the curb/sidewalk.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.