Liverpool & Milton Railway Co. v. Town of Liverpool

Liverpool & Milton Railway Co. v. Town of Liverpool

The council's safety regulation could not be imposed by resolution; the power to make such regulations fell within the municipal power to make by-laws and, under R.S. N.S. (1900) c.71 s.264, any such by-law required approval by the Lieutenant‑Governor‑in‑Council to have the force of law. The May 31, 1901 resolution was therefore invalid and the railway was not bound by it; appeal allowed and action dismissed.

Citation
(1903) 33 SCR 180
Parties
Appellant/defendant: Liverpool and Milton Railway Company, Limited; Respondent/plaintiff: Town of Liverpool
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 March 1903
Procedural Posture
Appeal to Supreme Court of Canada (from Supreme Court of Nova Scotia) / Final Judgment on Appeal (1903)
Outcome
Appeal allowed with costs; action dismissed with costs.
Legal Topics
Use of Streets by Railway, Regulatory Power of Municipal Council, By Law Versus Resolution, Approval by Lieutenant‑governor‑in‑council, Railway Crossings, Contract/estoppel Where Consent Conditional
Source Language
English
Municipal Law Statutory Interpretation Administrative Law Property Law (streets) Use of Streets by Railway Regulatory Power of Municipal Council By Law Versus Resolution Approval by Lieutenant‑governor‑in‑council +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Liverpool and Milton Railway Company, Limited

Appellant/defendant

Town of Liverpool

Respondent/plaintiff

Procedural Posture

Appeal to Supreme Court of Canada (from Supreme Court of Nova Scotia) / Final Judgment on Appeal (1903)

Legal Issues

  1. 1 Whether the town council could impose the challenged safety regulation by resolution rather than by by-law
  2. 2 Whether a by-law (if required) must be approved by the Lieutenant‑Governor‑in‑Council to have the force of law
  3. 3 Whether the resolution was a binding condition or contract enforceable against the railway despite municipal formality requirements

Ratio Decidendi

The council's safety regulation could not be imposed by resolution; the power to make such regulations fell within the municipal power to make by-laws and, under R.S. N.S. (1900) c.71 s.264, any such by-law required approval by the Lieutenant‑Governor‑in‑Council to have the force of law. The May 31, 1901 resolution was therefore invalid and the railway was not bound by it; appeal allowed and action dismissed.

Court Disposition

Appeal allowed with costs; action dismissed with costs.

Orders

  • Appeal allowed with costs
  • Action dismissed with costs