Cité de Sillery v. Sun Oil Co. and Royal Trust Co.

Cité de Sillery v. Sun Oil Co. and Royal Trust Co.

The appeal was allowed because the respondents failed to prove the requisite fraud or abuse of municipal power causing a flagrant injustice under art. 50 C.P.; the zoning by-law was therefore valid as to the lots in question and any pre-existing acquired rights to non-conforming use, if they existed and had not been...

Source-derived case information.

Citation
[1964] SCR 552
Parties
Defendant/appellant: Cité de Sillery; Plaintiff/respondent: Sun Oil Company Limited; Intervenant/respondent: The Royal Trust Company; Interested Party: Le Conseil des Ports Nationaux; Mise En Cause/owner of Lot 286 1: Ben Bushenbaum
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 April 1964
Procedural Posture
Appeal Under Art. 50 Code of Civil Procedure (judicial Review of Municipal by Law) / On Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed; action and intervention dismissed; appellant entitled to costs.
Legal Topics
Zoning by Law Validity, Discrimination in Zoning, Abuse of Power, Judicial Review Under Art. 50 C.p., Acquired Rights, Non Conforming Use
Source Language
english
Municipal Law Administrative Law Property Law Zoning Law Zoning by Law Validity Discrimination in Zoning Abuse of Power Judicial Review Under Art. 50 C.p. +2 more

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Parties

Cité de Sillery

Defendant/appellant

Sun Oil Company Limited

Plaintiff/respondent

The Royal Trust Company

Intervenant/respondent

Le Conseil des Ports Nationaux

Interested Party

Ben Bushenbaum

Mise En Cause/owner of Lot 286 1

Procedural Posture

Appeal Under Art. 50 Code of Civil Procedure (judicial Review of Municipal by Law) / On Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the municipal zoning by-law was discriminatory and constituted an abuse of power equivalent to fraud causing flagrant injustice as required to permit annulment under art. 50 C.P.
  2. 2 Whether the intervenant had acquired rights in commercial/industrial use of certain lots protected against the by-law
  3. 3 Whether courts may substitute their opinion for municipal discretion absent exceptional circumstances

Ratio Decidendi

The appeal was allowed because the respondents failed to prove the requisite fraud or abuse of municipal power causing a flagrant injustice under art. 50 C.P.; the zoning by-law was therefore valid as to the lots in question and any pre-existing acquired rights to non-conforming use, if they existed and had not been discontinued, were already protected by the by-law.

Court Disposition

Appeal allowed; action and intervention dismissed; appellant entitled to costs.

Orders

  • Appeal allowed with costs to appellant
  • Action by Sun Oil Company Limited dismissed