Gooderham v. Toronto (City), , 25 S.C.R. 246 (1895)

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Gooderham v. Toronto (City), , 25 S.C.R. 246 (1895)

Supreme Court of Canada

Gooderham v. Toronto (City), 25 S.C.R. 246

Date: 1895-03-11

George Gooderham and Charles Stark (Plaintiffs) Appellants;

and

The Corporation of the City of Toronto (Defendant) Respondent.

1894: October 27; 1895: March 11.

Present: Sir Henry Strong C.J., and Taschereau, Gwynne, Sedgewick and King JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Public highway-Registered plan-Dedication-User-Statute, construction of-Retrospective statute-46 V. c. 18 (O).-Estoppel.

The right vested in a municipal corporation by 46 V. c. 18 (O) to convert into a public highway a road laid out by a private person on his property, can only be exercised in respect to private roads, to the use of which the owners of property abutting thereon were entitled.

APPEAL from a decision of the Court of Appeal for Ontario, affirming the judgment of the Divisional Court by which a perpetual injunction to prevent the city from entering on plaintiffs' land was refused.

A full statement of the facts and questions at issue in this case appears in the judgment of the court delivered by Mr. Justice Grwynne.

Nesbitt and McKay for the appellants. At common law exhibiting a plan of streets and even selling lots according to said plan would not amount to dedication. Carey v. City of Toronto[1]; Heriot's Hospital v. Gibson[2].

There must be an acceptance by the public. Cubbit v. Maxse[3].

The city cannot invoke the aid of the statute 50 Vic. ch. 25, sec. 62 (O.) as its requirements have no...

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