Hollester v. City of Montreal

Hollester v. City of Montreal

Majority held that the homologated statutory plan created only a servitude for public utility and, absent express statutory provision for indemnity or fault by the municipality, the owner was not entitled to damages for the period the restriction existed; the city acted within its statutory powers and demurrer was properly maintained.

Citation
(1899) 29 SCR 402
Parties
Appellants (plaintiffs): Harriett Estelle Hollester et vir; Respondent (defendant): City of Montreal
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 February 1899
Procedural Posture
Civil Appeal Property / Municipal Expropriation / Appeal to the Supreme Court of Canada From Court of Queen's Bench (quebec); Final Judgment on Demurrer
Outcome
Appeal dismissed with costs; judgment below affirming maintenance of defendant's demurrer and dismissal of plaintiff's action upheld.
Legal Topics
Servitude for Public Utility, Expropriation Proceedings, Damages for Delay and Abandonment, Homologated Plan and Statutory Exclusion of Indemnity, Municipal Statutory Authority
Source Language
English
Property Law Municipal Law Eminent Domain Civil Liability Servitude for Public Utility Expropriation Proceedings Damages for Delay and Abandonment Homologated Plan and Statutory Exclusion of Indemnity +1 more

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Parties

Harriett Estelle Hollester et vir

Appellants (plaintiffs)

City of Montreal

Respondent (defendant)

Procedural Posture

Civil Appeal Property / Municipal Expropriation / Appeal to the Supreme Court of Canada From Court of Queen's Bench (quebec); Final Judgment on Demurrer

Legal Issues

  1. 1 Whether creation of a servitude by statutory homologated plan without formal expropriation and subsequent abandonment gives right to damages
  2. 2 Whether municipality is liable for loss caused by delay or abandonment of proposed street extension absent statutory indemnity
  3. 3 Whether notice or request by municipality to refrain from building created actionable liability when project was not completed

Ratio Decidendi

Majority held that the homologated statutory plan created only a servitude for public utility and, absent express statutory provision for indemnity or fault by the municipality, the owner was not entitled to damages for the period the restriction existed; the city acted within its statutory powers and demurrer was properly maintained.

Court Disposition

Appeal dismissed with costs; judgment below affirming maintenance of defendant's demurrer and dismissal of plaintiff's action upheld.

Orders

  • Demurrer of defendant maintained
  • Action dismissed with costs to respondent