Roberts v. City of Portage La Prairie

Roberts v. City of Portage La Prairie

Section 135 of the Portage la Prairie Charter applies to the sewage lagoon constructed under ss.98-100; where a statutory power is exercised in good faith but causes a nuisance, the limitation provision applies, and because the nuisance was continuing a new cause of action arose each day so plaintiff may recover damages for the one-year period immediately prior to issuance of the statement of claim; earlier damages are barred.

Citation
[1971] SCR 481
Parties
Plaintiff Appellant: Clark Daniel Roberts; Defendant Respondent: City of Portage la Prairie
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 February 1971
Procedural Posture
Appeal to Supreme Court of Canada / Decision on Appeal From Court of Appeal for Manitoba
Outcome
Appeal and cross-appeal dismissed with costs
Legal Topics
Nuisance, Statute of Limitations, Continuing Tort, Municipal Authority
Source Language
English
Municipal Law Tort Law Nuisance Statute of Limitations Continuing Tort Municipal Authority

Case Brief

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Parties

Clark Daniel Roberts

Plaintiff Appellant

City of Portage la Prairie

Defendant Respondent

Procedural Posture

Appeal to Supreme Court of Canada / Decision on Appeal From Court of Appeal for Manitoba

Legal Issues

  1. 1 Whether s.135 of The Portage la Prairie Charter applies to damages caused by the municipality's sewage lagoon
  2. 2 Whether the lagoon was constructed pursuant to ss.98-100 of the Charter or under The Municipal Act s.689(a)
  3. 3 Whether maintenance of a nuisance can be characterized as an act done pursuant to statutory powers for limitation purposes

Ratio Decidendi

Section 135 of the Portage la Prairie Charter applies to the sewage lagoon constructed under ss.98-100; where a statutory power is exercised in good faith but causes a nuisance, the limitation provision applies, and because the nuisance was continuing a new cause of action arose each day so plaintiff may recover damages for the one-year period immediately prior to issuance of the statement of claim; earlier damages are barred.

Court Disposition

Appeal and cross-appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Cross-appeal dismissed with costs