Preston (Town) v. Langs

Preston (Town) v. Langs

Majority: Section 41 of the Ontario Water Resources Commission Act provides an independent statutory source empowering a municipality that has entered into an agreement with the Commission to impose sewer rates by by-law subject to Board approval; s.41 and its mutatis mutandis application of s.380 do not require that Municipal Board approval of the rating by-law precede authorization of the work under the Commission agreement, so the municipality validly enacted By-law 2068 and the Board could approve it subsequently; appeal allowed and trial judgment restoring validity of the by-law upheld.

Citation
[1972] SCR 686
Parties
Appellant / Defendant: The Corporation of the Town of Preston; Respondent / Plaintiff: Thomas W. Langs
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 March 1972
Procedural Posture
Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Validity of Municipal Sewer Rating by Law
Outcome
Appeal allowed; judgment at trial restored dismissing action; By-law 2068 held valid by majority (Laskin J. dissenting).
Legal Topics
Sewer Rating by Law, Ontario Water Resources Commission Act S.41, Municipal Act S.380(2), Ontario Municipal Board Approval, Retroactive Validation of Municipal Works
Source Language
English
Municipal Law Administrative Law Statutory Interpretation Sewer Rating by Law Ontario Water Resources Commission Act S.41 Municipal Act S.380(2) Ontario Municipal Board Approval Retroactive Validation of Municipal Works

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Parties

The Corporation of the Town of Preston

Appellant / Defendant

Thomas W. Langs

Respondent / Plaintiff

Procedural Posture

Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Validity of Municipal Sewer Rating by Law

Legal Issues

  1. 1 Whether s.41 of the Ontario Water Resources Commission Act permits a municipality to pass a sewer rating by-law after an agreement with the Commission and after the work has been authorized or completed and have Ontario Municipal Board approval given subsequently
  2. 2 Whether s.380(2) of The Municipal Act requires Municipal Board approval prior to authorization of the work and thus precludes subsequent approval under s.41
  3. 3 Whether a municipality may retroactively validate a completed work via s.41 where the work was constructed before proper authorization under the Ontario Municipal Board Act s.64

Ratio Decidendi

Majority: Section 41 of the Ontario Water Resources Commission Act provides an independent statutory source empowering a municipality that has entered into an agreement with the Commission to impose sewer rates by by-law subject to Board approval; s.41 and its mutatis mutandis application of s.380 do not require that Municipal Board approval of the rating by-law precede authorization of the work under the Commission agreement, so the municipality validly enacted By-law 2068 and the Board could approve it subsequently; appeal allowed and trial judgment restoring validity of the by-law upheld.

Court Disposition

Appeal allowed; judgment at trial restored dismissing action; By-law 2068 held valid by majority (Laskin J. dissenting).

Orders

  • Appeal allowed
  • Judgment of trial court restored dismissing plaintiff's action