McGillivray v. Kimber

McGillivray v. Kimber

The Court held that the Pilotage Authority could not lawfully cancel a pilot's licence by resolution alone without complaint, notice, inquiry and proof on oath as required by s.433(j) of the Shipping Act; the resolution was therefore legally inoperative as a justification, the Authority was not entitled to quasi‑judicial immunity for that act, and the respondents were liable in damages; the trial judgment awarding $1,800 was restored and the provincial appellate decision reversed.

Citation
(1915) 52 SCR 146
Parties
Appellant: John B. McGillivray; Respondents: F. C. Kimber and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 November 1915
Procedural Posture
Appeal (civil) / Supreme Court of Canada on Appeal From the Supreme Court of Nova Scotia
Outcome
Appeal allowed; judgment of trial court restored; judgment of the Supreme Court of Nova Scotia reversed
Legal Topics
Pilotage Authority, Licence Cancellation, Quasi‑judicial Immunity, Statutory Interpretation, Natural Justice, Damages
Source Language
English
Labour Law Administrative Law Tort Maritime Law Pilotage Authority Licence Cancellation Quasi‑judicial Immunity Statutory Interpretation +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

John B. McGillivray

Appellant

F. C. Kimber and Others

Respondents

Procedural Posture

Appeal (civil) / Supreme Court of Canada on Appeal From the Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether a pilotage authority may cancel a pilot's licence by resolution without complaint, notice, inquiry and proof on oath as required by statute
  2. 2 Whether acts of a pilotage authority in cancelling a licence are quasi‑judicial and immune from civil suit absent proof of malice
  3. 3 Whether by‑law No.9 and s.433(j) of the Shipping Act require proof on oath before forfeiture/compulsory retirement

Ratio Decidendi

The Court held that the Pilotage Authority could not lawfully cancel a pilot's licence by resolution alone without complaint, notice, inquiry and proof on oath as required by s.433(j) of the Shipping Act; the resolution was therefore legally inoperative as a justification, the Authority was not entitled to quasi‑judicial immunity for that act, and the respondents were liable in damages; the trial judgment awarding $1,800 was restored and the provincial appellate decision reversed.

Court Disposition

Appeal allowed; judgment of trial court restored; judgment of the Supreme Court of Nova Scotia reversed

Orders

  • Appeal allowed
  • Judgment of the trial judge restored