Duquet v. Town of Sainte-Agathe

Duquet v. Town of Sainte-Agathe

Art. 453 C.C.P. permits a declaratory motion to determine rights under a municipal by-law where a genuine dispute and threat of enforcement exist; the municipality lacked statutory authority under the Cities and Towns Act to impose a universal water rate on properties not supplied because the Act conditions such charges on notice and readiness to supply and on laying mains to the street line, therefore the challenged bylaws were ultra vires and void.

Citation
[1977] 2 SCR 1132
Parties
Appellant / Plaintiff: John E. L. Duquet; Respondent / Defendant: Town of Sainte-Agathe-des-Monts
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 1976
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada
Outcome
Appeal allowed; judgments of the Court of Appeal and Superior Court set aside; bylaws 453, 472 and 486 declared void; water rates sought cannot be recovered from appellant.
Legal Topics
Declaratory Judgment, Ultra Vires, Municipal by Law, Water Rates, Code of Civil Procedure Art. 453
Source Language
English
Civil Procedure Municipal Law Administrative Law Declaratory Judgment Ultra Vires Municipal by Law Water Rates Code of Civil Procedure Art. 453

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Parties

John E. L. Duquet

Appellant / Plaintiff

Town of Sainte-Agathe-des-Monts

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether a motion for declaratory judgment under art. 453 C.C.P. is available where a taxpayer is threatened with seizure for unpaid municipal charges (preventive v. curative distinction)
  2. 2 Whether the municipality had statutory authority under the Cities and Towns Act to impose a water rate on properties not supplied with water (ultra vires)
  3. 3 Whether statutory remedies for quashing by-laws under the Cities and Towns Act are exclusive

Ratio Decidendi

Art. 453 C.C.P. permits a declaratory motion to determine rights under a municipal by-law where a genuine dispute and threat of enforcement exist; the municipality lacked statutory authority under the Cities and Towns Act to impose a universal water rate on properties not supplied because the Act conditions such charges on notice and readiness to supply and on laying mains to the street line, therefore the challenged bylaws were ultra vires and void.

Court Disposition

Appeal allowed; judgments of the Court of Appeal and Superior Court set aside; bylaws 453, 472 and 486 declared void; water rates sought cannot be recovered from appellant.

Orders

  • Appeal allowed
  • Judgments of the Court of Appeal for Quebec and the Superior Court set aside