Toronto Gravel Road and Concrete Co. v. York (County)

Toronto Gravel Road and Concrete Co. v. York (County)

The agreement, construed in light of the surrounding circumstances and correspondence, implicitly excluded the use of steam locomotives by requiring withdrawal of traction engines and including provisions appropriate only for horse-drawn tramway operation; statutory powers to construct or operate on highways required municipal consent and did not entitle the company to use steam contrary to the terms of the municipal agreement, therefore use of steam would infringe the agreement and the injunction was justified.

Citation
(1885) 12 SCR 517
Parties
Defendant Appellant: Toronto Gravel Road and Concrete Company (Limited); Plaintiff Respondent: Corporation of the County of York
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 November 1885
Procedural Posture
Appeal / Hearing on Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs; judgment of Court of Chancery and Court of Appeal for Ontario affirmed
Legal Topics
Tramway Construction, Traction Engines, Contract Interpretation, Statutory Consent for Use of Highways, Injunctions
Source Language
English
Municipal Law Contract Transportation Law Property Law Tramway Construction Traction Engines Contract Interpretation Statutory Consent for Use of Highways +1 more

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Parties

Toronto Gravel Road and Concrete Company (Limited)

Defendant Appellant

Corporation of the County of York

Plaintiff Respondent

Procedural Posture

Appeal / Hearing on Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the agreement between the company and the county barred use of steam engines on the tramway
  2. 2 Whether the provincial statute (37 Vic. ch. 90) conferred an absolute right to operate the tramway by steam irrespective of municipal consent
  3. 3 Whether the term "traction engine" in the agreement included locomotive steam engines

Ratio Decidendi

The agreement, construed in light of the surrounding circumstances and correspondence, implicitly excluded the use of steam locomotives by requiring withdrawal of traction engines and including provisions appropriate only for horse-drawn tramway operation; statutory powers to construct or operate on highways required municipal consent and did not entitle the company to use steam contrary to the terms of the municipal agreement, therefore use of steam would infringe the agreement and the injunction was justified.

Court Disposition

Appeal dismissed with costs; judgment of Court of Chancery and Court of Appeal for Ontario affirmed

Orders

  • Appeal dismissed with costs
  • Perpetual injunction restraining appellants from using steam engines upon or along the public highways and tramway in question