Vic Restaurant Inc. v. City of Montreal

Vic Restaurant Inc. v. City of Montreal

Majority (Rand, Locke, Martland, Judson JJ.) held that by-law No. 1862 is ultra vires insofar as it conditions municipal licences on the unstructured approval of the Director of Police because the council thereby delegated its legislative/discretionary function without prescribing standards to govern the exercise of...

Source-derived case information.

Citation
[1959] SCR 58
Parties
Appellant / Plaintiff: Vic Restaurant Incorporated; Respondent / Defendant: City of Montreal
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 December 1958
Procedural Posture
Mandamus Proceeding Challenging Municipal by Law; Constitutional and Administrative Law Issue / On Appeal to the Supreme Court of Canada; Final Hearing and Judgment (appeal Allowed by Majority)
Outcome
Appeal allowed by majority; judgments below set aside in part; permit for 1955 ordered to issue. Three justices dissented.
Legal Topics
Delegation of Legislative Power, Municipal by Law Validity, Licensing and Permits, Mandamus, Mootness and Appellate Discretion
Source Language
english
Constitutional Law Municipal Law Administrative Law Delegation of Legislative Power Municipal by Law Validity Licensing and Permits Mandamus Mootness and Appellate Discretion

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Parties

Vic Restaurant Incorporated

Appellant / Plaintiff

City of Montreal

Respondent / Defendant

Procedural Posture

Mandamus Proceeding Challenging Municipal by Law; Constitutional and Administrative Law Issue / On Appeal to the Supreme Court of Canada; Final Hearing and Judgment (appeal Allowed by Majority)

Legal Issues

  1. 1 Whether by-law No. 1862 unlawfully delegated the council's legislative/discretionary power to the Director of the Police Department by making his approval a condition precedent to issuance of licences
  2. 2 Whether the by-law was ultra vires the City under its charter (ss.299, 300, 300(c))
  3. 3 Whether the Supreme Court should entertain the appeal given expiry of the licence year and sale of the business (mootness)

Ratio Decidendi

Majority (Rand, Locke, Martland, Judson JJ.) held that by-law No. 1862 is ultra vires insofar as it conditions municipal licences on the unstructured approval of the Director of Police because the council thereby delegated its legislative/discretionary function without prescribing standards to govern the exercise of that discretion; accordingly the applicant was entitled, as of the date of its mandamus application, to an order directing issuance of the 1955 permit. The Court exercised jurisdiction despite expiry of the licence year and sale of the business because the appellant retained an actual interest (pending prosecutions and ongoing consequences).

Court Disposition

Appeal allowed by majority; judgments below set aside in part; permit for 1955 ordered to issue. Three justices dissented.

Orders

  • Appeal allowed; judgment of Court of Queen's Bench and of Prévost J. set aside in respect of impugned provisions
  • Respondent directed to issue municipal permit for year 1955 to appellant (subject to payment of fees)