Chaulk v. South River (Town), (1971) 2 Nfld. & P.E.I.R. 1 (NFSC)

• Judge: Puddester, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: June 07, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 2 Nfld. & P.E.I.R. 1 (NFSC)

Chaulk v. South River (1971), 2 Nfld. & P.E.I.R. 1 (NFSC)

MLB headnote and full text

Chaulk v. Town of South River

Indexed As: Chaulk v. South River (Town)

Newfoundland Supreme Court

At Trial

Puddester, J.

June 7, 1971.

Summary:

Court allowed appeal and set aside a notice by a municipality to appellant hen farmer to cease the practice of dumping manure into a tidal pond as dangerous to public health. The pond was formed by a narrow rocky beach which ran out into the sea in a semi-circle and joined the shore at two points. The boundary of the municipality was defined in part as the "shoreline". The dumping was carried out according to the instructions of the Department of Health and was declared by it to be safe and not a health hazard despite an odor at certain times. Court held that the pond was not within the boundary of the municipality, since the semi-circular beach did not form part of the shoreline and therefore the municipality had no jurisdiction to give the notice. The Court stated that in this instance "shoreline" referred to the permanent high and steep earthen bank.

Court held further that the municipality exercised its discretion improperly in ignoring the advice and opinion of the Department of Health and found that there was in fact no hazard to the public health in the dumping.

Court held further that the 30 day time limit for compliance with the notice was unreasonable since it allowed insufficient time for an alternate disposal method to be found.

Municipal Law - Topic 1582

Administrative law - Municipalities - Exercise of power - Discretionary powers - Notice to cease practice of dumping manure as dangerous to public health - No evidence of danger - Municipality Acted contrary to advice of department of health - The Newfoundland Supreme Court held discretion exercised improperly.

Municipal Law - Topic 1582

Administrative law - Municipalities - Exercise of power - Discretionary powers - 30 days to cease practice of dumping manure as dangerous to public health - Insufficient time to make alternative arrangements for disposal - The Newfoundland Supreme Court held time limit for compliance unreasonable.

Real Property - Topic 4757

Title, boundaries - Determination of - Beaches, tidal - Water - Tidal water - "shoreline" defined - Whether saltwater pond formed by narrow rocky beach running from shore to sea in a semi-circle and joining shore again was within shore-line - Distinction between coastline and shoreline - The Newfoundland Supreme Court held beach not part of shore-line and that pond was outside the shoreline.

Statutes Noticed:

Local Government Act, S.N. 1966, c. 31, sect. 61(2), sect. 61(7).

Counsel:

Frances P. Fowler, for the Appellant;

Aubrey L. Bonnell, for the Respondent.