Girard v. Corporation of Roberval

Girard v. Corporation of Roberval

The Supreme Court held the municipal council had jurisdiction to open the road lying entirely within its boundaries and that special leave to appeal should not have been granted because the case did not involve any important question of law, construction of a public Act, or matter of public interest and was of...

Source-derived case information.

Citation
(1921) 62 SCR 234
Parties
Appellant/plaintiff: François Girard; Respondent/defendant: Corporation of Roberval
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 June 1921
Procedural Posture
Appeal / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec; Judgment of Court of King's Bench Affirming Superior Court
Outcome
Appeal dismissed with costs; judgment of Court of King's Bench (affirming Superior Court) affirmed.
Legal Topics
Opening of Road, Expropriation, Special Leave to Appeal, Jurisdiction of Municipal Council, Appeal Value Threshold
Source Language
english
Municipal Law Property Law Civil Procedure Administrative Law Appeal Law Opening of Road Expropriation Special Leave to Appeal +2 more

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Parties

François Girard

Appellant/plaintiff

Corporation of Roberval

Respondent/defendant

Procedural Posture

Appeal / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec; Judgment of Court of King's Bench Affirming Superior Court

  1. 1 Whether a municipal council has jurisdiction to open a road entirely within its municipal boundaries
  2. 2 Whether special leave to appeal under s.41 of the Supreme Court Act (10 & 11 Geo. V, c.32) should be granted where no important question of law, construction of a public Act, or public interest is involved
  3. 3 Whether a defective description of the by-law/plan invalidates the opening of the road

Ratio Decidendi

The Supreme Court held the municipal council had jurisdiction to open the road lying entirely within its boundaries and that special leave to appeal should not have been granted because the case did not involve any important question of law, construction of a public Act, or matter of public interest and was of insignificant value; therefore the appeal is dismissed with costs and the lower courts' judgments are affirmed.

Court Disposition

Appeal dismissed with costs; judgment of Court of King's Bench (affirming Superior Court) affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of King's Bench, appeal side, Province of Quebec, affirming the Superior Court, confirmed.