Archibald v. The Queen

Archibald v. The Queen

The appeal was dismissed because the right alleged to have been interfered with by the construction of the bridge was a public right common to all; interference with such a public right does not entitle an individual claimant to compensation.

Source-derived case information.

Citation
(1894) 23 SCR 147
Parties
Appellant/suppliant: Archibald; Respondent: The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 March 1894
Procedural Posture
Torts Claim for Compensation for Injury Caused by Public Work / Appeal to the Supreme Court of Canada From the Exchequer Court Decision
Outcome
Appeal dismissed with costs
Legal Topics
Interference With Public Rights, Compensation for Public Work, Crown Liability
Source Language
english
Torts Public Works Property Interference With Public Rights Compensation for Public Work Crown Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Archibald

Appellant/suppliant

The Queen

Respondent

Procedural Posture

Torts Claim for Compensation for Injury Caused by Public Work / Appeal to the Supreme Court of Canada From the Exchequer Court Decision

Legal Issues

  1. 1 Whether an individual is entitled to compensation where a public work interferes with a right that is common to the public
  2. 2 Whether the construction of a bridge in connection with a railway that prevents customary use of waterways creates a private compensable right

Ratio Decidendi

The appeal was dismissed because the right alleged to have been interfered with by the construction of the bridge was a public right common to all; interference with such a public right does not entitle an individual claimant to compensation.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.