Broughton v. Grey and Elma (Townships)

Broughton v. Grey and Elma (Townships)

Section 590 and related provisions apply only to drains properly so called (artificial drains constructed and used as outlets); a natural watercourse that is deepened or enlarged is not a 'drain' for purposes of assessing lands in another municipality, and because the Elma lands derived no benefit from the works in Grey the Grey by-law was ultra vires as to those lands and injunction relief was appropriate.

Citation
(1897) 27 SCR 495
Parties
Appellant/plaintiff: Albert Broughton; Respondent/defendant: Township of Grey; Respondent/defendant: Township of Elma
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 May 1897
Procedural Posture
Civil Appeal (municipal Law) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Final Judgment
Outcome
Appeal allowed with costs
Legal Topics
Assessment, Inter Municipal Obligations, Ultra Vires, By Law Validity, Definition of Outlet
Source Language
English
Municipal Law Drainage Law Administrative Law Assessment Inter Municipal Obligations Ultra Vires By Law Validity Definition of Outlet

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Parties

Albert Broughton

Appellant/plaintiff

Township of Grey

Respondent/defendant

Township of Elma

Respondent/defendant

Procedural Posture

Civil Appeal (municipal Law) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Final Judgment

Legal Issues

  1. 1 Whether s.590 (and related provisions) authorizes a municipality to assess lands in another municipality for works that merely deepen or enlarge a natural watercourse rather than for an artificially constructed drain
  2. 2 Whether lands in another municipality can be assessed where they derive no benefit from the proposed works
  3. 3 Whether a landowner may obtain injunctive relief preventing an adjoining municipality from passing a contributory by-law before that by-law is passed

Ratio Decidendi

Section 590 and related provisions apply only to drains properly so called (artificial drains constructed and used as outlets); a natural watercourse that is deepened or enlarged is not a 'drain' for purposes of assessing lands in another municipality, and because the Elma lands derived no benefit from the works in Grey the Grey by-law was ultra vires as to those lands and injunction relief was appropriate.

Court Disposition

Appeal allowed with costs

Orders

  • By-law No. 53 of the Township of Grey is void and ultra vires insofar as it affects or purports to affect lands in the Township of Elma
  • Decree ordered in the action that the Township of Elma be enjoined from passing proposed by-law No. 321 (provisionally passed) and from taking any steps to give effect in the Township of Elma to the said by-law of the Township of Grey