DeGalindez v. The King

DeGalindez v. The King

The Court adopted the statutory construction that the subsidy related to the eighty miles terminating near Gaspé Basin and held that the statutory conditions for payment had not been satisfied; furthermore, the compromise and partial cash payment by Crown officers did not create a legally enforceable obligation to...

Source-derived case information.

Citation
(1907) 39 SCR 682
Parties
Appellants/petitioners: DeGalindez et al., transferees of The Atlantic and Lake Superior Railway Co. and The Baie des Chaleurs Railway Co.; Respondent: The King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1907
Procedural Posture
Appeal to the Supreme Court of Canada / Final Judgment on Appeal (dismissed)
Outcome
Appeal dismissed with costs; judgment of Court of King's Bench affirmed.
Legal Topics
Provincial Subsidy, Railway Construction, Land Subsidy, Compromise by Crown Officers, Petition of Right, Crown Liability
Source Language
english
Transportation Public Law Administrative Law Statutory Interpretation Provincial Subsidy Railway Construction Land Subsidy Compromise by Crown Officers +2 more

Source-derived case record

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Parties

DeGalindez et al., transferees of The Atlantic and Lake Superior Railway Co. and The Baie des Chaleurs Railway Co.

Appellants/petitioners

The King

Respondent

Procedural Posture

Appeal to the Supreme Court of Canada / Final Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Whether the statutory subsidy applied to the first eighty miles of the line beginning at Metapedia or to the eighty miles terminating near Gaspé Basin
  2. 2 Whether payment of the subsidy was conditional on completion of the works to Gaspé Basin
  3. 3 Whether a compromise and partial cash payment effected by Crown officers bound the Crown to pay the balance

Ratio Decidendi

The Court adopted the statutory construction that the subsidy related to the eighty miles terminating near Gaspé Basin and held that the statutory conditions for payment had not been satisfied; furthermore, the compromise and partial cash payment by Crown officers did not create a legally enforceable obligation to pay the claimed balance, therefore the petition of right failed and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs; judgment of Court of King's Bench affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King's Bench (Q.R. 15 K.B. 320) affirmed