The Municipality of the County of Cape Breton v. McKay

The Municipality of the County of Cape Breton v. McKay

A board of health validly constituted may engage a physician to attend infectious patients and amounts properly payable for medical attendance and services of that kind fall within the statutory category of 'reasonable expenses' which the statute makes a county charge; such charges can be enforced against the...

Source-derived case information.

Citation
(1890) 18 SCR 639
Parties
Appellant/defendant: Municipality of the County of Cape Breton; Respondent/plaintiff: Thomas E. McKay
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 May 1890
Procedural Posture
Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia
Outcome
Appeal dismissed (court equally divided); appeal terminated without costs
Legal Topics
Boards of Health, Appointment Authority, Reasonable Expenses, Mandamus Vs Action, Wrongful Dismissal, Liability of Municipality, Construction of Contract for 'season'
Source Language
english
Municipal Law Contract Law Public Health Law Administrative Law Statutory Interpretation Boards of Health Appointment Authority Reasonable Expenses +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Municipality of the County of Cape Breton

Appellant/defendant

Thomas E. McKay

Respondent/plaintiff

Procedural Posture

Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether the Lieutenant Governor had authority to appoint the local board of health
  2. 2 Whether a board of health's employment contract with a physician binds the municipal corporation
  3. 3 Whether a claim for wrongful dismissal of a physician is a 'reasonable expense' and therefore a county charge under statute

Ratio Decidendi

A board of health validly constituted may engage a physician to attend infectious patients and amounts properly payable for medical attendance and services of that kind fall within the statutory category of 'reasonable expenses' which the statute makes a county charge; such charges can be enforced against the municipal corporation (majority reasoning of Gwynne, Fournier and Taschereau JJ.).

Court Disposition

Appeal dismissed (court equally divided); appeal terminated without costs

Orders

  • Appeal dismissed
  • No costs awarded