Klassy Shoe Store Inc. v. City of Montreal

Klassy Shoe Store Inc. v. City of Montreal

The municipality discharged the burden required by art. 536c by establishing that the building was erected after 28 April 1939, that no approved safety valves were installed, and that appropriate approved valves properly installed would have prevented the sewer back-up; therefore art. 536c barred the appellant's action and the appeal must be dismissed.

Citation
[1957] SCR 12
Parties
Plaintiff Appellant: Klassy Shoe Store Inc.; Defendant Respondent: City of Montreal
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 December 1956
Procedural Posture
Municipal Law / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Sewer Liability, Flooding, Safety Valves, Charter Defences, Interpretation of Municipal Statute
Source Language
English
Municipal Law Civil Liability Statutory Interpretation Sewer Liability Flooding Safety Valves Charter Defences Interpretation of Municipal Statute

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Parties

Klassy Shoe Store Inc.

Plaintiff Appellant

City of Montreal

Defendant Respondent

Procedural Posture

Municipal Law / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether art. 536c of the Charter of the City of Montreal bars an action for damages arising from sewer backup
  2. 2 What the municipality must prove to establish the defence under art. 536c
  3. 3 Whether an approved safety valve would have prevented the flooding

Ratio Decidendi

The municipality discharged the burden required by art. 536c by establishing that the building was erected after 28 April 1939, that no approved safety valves were installed, and that appropriate approved valves properly installed would have prevented the sewer back-up; therefore art. 536c barred the appellant's action and the appeal must be dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Action dismissed