Corporation of the Township of Sombra v. Corporation of the Township of Chatham

Corporation of the Township of Sombra v. Corporation of the Township of Chatham

The Supreme Court held that s.583 of the Municipal Act governs repairs of completed drains and does not apply to a drain never completed; Sombra was entitled to a mandamus (issued under the Judicature Act/equitable powers) requiring Chatham to complete the Whitebread drain to the adopted plans or provide a statutory substitution, but the decree must be varied to remove any direction that completion costs be borne by Chatham without regard to s.573; Murphy was entitled to $150 damages for injury to his land; Sombra was not entitled to general pecuniary damages for public nuisance to roads beyond repair costs.

Citation
(1892) 21 SCR 305
Parties
Plaintiff/appellant: Corporation of the Township of Sombra; Plaintiff/appellant: Peter Murphy; Defendant/respondent: Corporation of the Township of Chatham
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 June 1892
Procedural Posture
Appeal / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada
Outcome
Appeal allowed with costs; trial decree varied and affirmed in part (damages to Murphy affirmed; mandatory relief to Sombra restored but modified).
Legal Topics
Drainage Works, Mandamus, Nuisance, Damages, Statutory Interpretation, Municipal Liability, Repair and Maintenance, Notice and Assessment
Source Language
English
Municipal Law Drainage Works Mandamus Nuisance Damages Statutory Interpretation Municipal Liability Repair and Maintenance +1 more

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Parties

Corporation of the Township of Sombra

Plaintiff/appellant

Peter Murphy

Plaintiff/appellant

Corporation of the Township of Chatham

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether s.583 of the Municipal Act (R.S.O. 1887 c.184) authorizes mandamus for non‑completion of a drain
  2. 2 Whether the township of Sombra is entitled to a mandamus ordering completion of the Whitebread drain
  3. 3 Whether the township of Sombra or Peter Murphy are entitled to pecuniary damages for flooding caused by the drain

Ratio Decidendi

The Supreme Court held that s.583 of the Municipal Act governs repairs of completed drains and does not apply to a drain never completed; Sombra was entitled to a mandamus (issued under the Judicature Act/equitable powers) requiring Chatham to complete the Whitebread drain to the adopted plans or provide a statutory substitution, but the decree must be varied to remove any direction that completion costs be borne by Chatham without regard to s.573; Murphy was entitled to $150 damages for injury to his land; Sombra was not entitled to general pecuniary damages for public nuisance to roads beyond repair costs.

Court Disposition

Appeal allowed with costs; trial decree varied and affirmed in part (damages to Murphy affirmed; mandatory relief to Sombra restored but modified).

Orders

  • Appeal allowed with costs.
  • Decree varied: mandatory injunction (mandamus) to issue requiring the Corporation of the Township of Chatham to complete the Whitebread drain to the width, depth and manner provided by the adopted plans and specifications or to provide a lawful substitution under statute, with time and cost allocations left open.