Gooderham v. Toronto (City)

Gooderham v. Toronto (City)

Section 62 of 50 Vic. c.25 must be construed to operate only upon roads or streets that were actually in existence and in private user for the benefit of purchasers abutting thereon; it did not convert the fenced, continuously possessed pasture field into public highways or divest the plaintiff's title without statutory expropriation and compensation, therefore the land was not public highway by force of the statute.

Citation
(1895) 25 SCR 246
Parties
Appellant/plaintiff: George Gooderham; Appellant/plaintiff (tenant): Charles Stark; Respondent/defendant: The Corporation of the City of Toronto
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 March 1895
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court of Canada From Ontario Court of Appeal
Outcome
Appeal allowed with costs; declaration that the lands in question are not public highways by force of 50 Vic. c.25 or otherwise; decree to issue in the court below in favour of the plaintiff.
Legal Topics
Dedication, Public Highway, Registered Plan, User, Retrospective Statute, Estoppel, Acquisition of Land for Public Use
Source Language
English
Property Law Municipal Law Transportation Law Statutory Interpretation Dedication Public Highway Registered Plan User +3 more

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Parties

George Gooderham

Appellant/plaintiff

Charles Stark

Appellant/plaintiff (tenant)

The Corporation of the City of Toronto

Respondent/defendant

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court of Canada From Ontario Court of Appeal

Legal Issues

  1. 1 Whether registration of a plan and references to streets constituted dedication of private land as public highways
  2. 2 Whether statute 50 Vic. c.25 (Ont.) sec.62 operated retrospectively to convert enclosed private land into public highways without compensation
  3. 3 Whether public/user and abutting purchasers requirement is essential before a municipality may assume a privately laid out street

Ratio Decidendi

Section 62 of 50 Vic. c.25 must be construed to operate only upon roads or streets that were actually in existence and in private user for the benefit of purchasers abutting thereon; it did not convert the fenced, continuously possessed pasture field into public highways or divest the plaintiff's title without statutory expropriation and compensation, therefore the land was not public highway by force of the statute.

Court Disposition

Appeal allowed with costs; declaration that the lands in question are not public highways by force of 50 Vic. c.25 or otherwise; decree to issue in the court below in favour of the plaintiff.

Orders

  • Appeal allowed with costs
  • Declaration that the lands claimed by the defendants are not public highways by force of 50 Vic. c.25 or otherwise