O'Brien v. Allen

O'Brien v. Allen

The Executive Government of the Yukon Territory may lawfully authorize construction and operation of a toll tramway or waggon road even where the roadway passes over Dominion lands, and persons using such road cannot refuse to pay tolls levied under that territorial authority; possession under the territorial grant is effective against private parties lacking title.

Citation
(1900) 30 SCR 340
Parties
Appellant: Thomas W. O'Brien; Appellant: H. M. Hemming; Respondent: E. C. Allen; Respondent: George M. Allen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 June 1900
Procedural Posture
Civil Appeal to Supreme Court of Canada / On Appeal From the Territorial Court of the Yukon; Judgment Below for Respondents Reversed
Outcome
Appeal allowed with costs; action dismissed with costs
Legal Topics
Administration of the Yukon Territory, Authority to Grant Franchises, Use of Dominion Lands, Tolls and User Charges, Highway Construction and Operation
Source Language
English
Constitutional Law Administrative Law Property Law Municipal/territorial Powers Administration of the Yukon Territory Authority to Grant Franchises Use of Dominion Lands Tolls and User Charges +1 more

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Parties

Thomas W. O'Brien

Appellant

H. M. Hemming

Appellant

E. C. Allen

Respondent

George M. Allen

Respondent

Procedural Posture

Civil Appeal to Supreme Court of Canada / On Appeal From the Territorial Court of the Yukon; Judgment Below for Respondents Reversed

Legal Issues

  1. 1 Whether the Executive Government of the Yukon Territory could lawfully authorize construction of a toll tramway or waggon road over Dominion lands
  2. 2 Whether private users could refuse to pay tolls claimed under a territorial franchise when the Department of the Interior had not confirmed the franchise
  3. 3 Whether ownership of the soil (Dominion lands) invalidated territorial authorization or relieved users from tolls

Ratio Decidendi

The Executive Government of the Yukon Territory may lawfully authorize construction and operation of a toll tramway or waggon road even where the roadway passes over Dominion lands, and persons using such road cannot refuse to pay tolls levied under that territorial authority; possession under the territorial grant is effective against private parties lacking title.

Court Disposition

Appeal allowed with costs; action dismissed with costs

Orders

  • Appeal allowed with costs
  • Judgment below set aside and action dismissed with costs to appellants