The Quebec , Montmorency & Charlevoix Railway Co. v. Mathieu

The Quebec , Montmorency & Charlevoix Railway Co. v. Mathieu

The appointment of the respondent's arbitrator, despite his reservation, was a valid statutory appointment binding both parties, and the arbitrators did not exceed their jurisdiction in awarding compensation for three feet of land outside the demanded strip where they found that land had become valueless for cultivation and was thus injuriously affected by the railway; absent fraud or jurisdictional excess the award must stand.

Citation
(1891) 19 SCR 426
Parties
Appellant (plaintiff): The Quebec, Montmorency and Charlevoix Railway Company; Respondent (defendant): Pierre Mathieu
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 November 1891
Procedural Posture
Expropriation (railway) / Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal dismissed
Legal Topics
Validity of Arbitrator Appointment, Jurisdiction of Arbitrators, Awards for Lands Injuriously Affected, Appeal Jurisdiction and Amount in Controversy, Costs
Source Language
English
Expropriation Property Law Arbitration Administrative Law Civil Procedure Validity of Arbitrator Appointment Jurisdiction of Arbitrators Awards for Lands Injuriously Affected +2 more

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Parties

The Quebec, Montmorency and Charlevoix Railway Company

Appellant (plaintiff)

Pierre Mathieu

Respondent (defendant)

Procedural Posture

Expropriation (railway) / Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether an arbitrator named with reservations is valid under statute
  2. 2 Whether arbitrators exceeded their jurisdiction by awarding damages for three feet outside the demanded strip
  3. 3 Whether the award was tainted by fraud or lacked impartiality

Ratio Decidendi

The appointment of the respondent's arbitrator, despite his reservation, was a valid statutory appointment binding both parties, and the arbitrators did not exceed their jurisdiction in awarding compensation for three feet of land outside the demanded strip where they found that land had become valueless for cultivation and was thus injuriously affected by the railway; absent fraud or jurisdictional excess the award must stand.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment of Court of Queen's Bench for Lower Canada (appeal side) confirming Superior Court affirmed