Gibbons et al. v. St. John's (City) et al., (2005) 250 Nfld. & P.E.I.R. 4 (NLTD)

• Judge: Faour, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: July 26, 2005
• Jurisdiction: Newfoundland and Labrador
• Citations: (2005), 250 Nfld. & P.E.I.R. 4 (NLTD)

Gibbons v. St. John's (2005), 250 Nfld. & P.E.I.R. 4 (NLTD);

    746 A.P.R. 4

MLB headnote and full text

Temp. Cite: [2005] Nfld. & P.E.I.R. TBEd. AU.006

Evelyn Gibbons (first plaintiff) and William Breen, Jr. (second plaintiff) v. City of St. John's (first defendant) and St. John's Sports & Entertainment Limited (second defendant) and Loblaw Properties Limited (third defendant)

(200501T0109; 2005 NLTD 124)

Indexed As: Gibbons et al. v. St. John's (City) et al.

Newfoundland and Labrador Supreme Court

Trial Division

Faour, J.

July 26, 2005.

Summary:

Loblaw purchased an old stadium site in the City of St. John's, intending to seek a rezoning of the property for a supermarket development. The plaintiffs owned homes near the stadium property. They sued the City, seeking to void the sale, alleging that the City held the property on a trust to maintain its public character. The defendants challenged the plaintiffs' standing to bring the action.

The Newfoundland and Labrador Supreme Court, Trial Division, held that the plaintiffs had standing but dismissed the action.

Editor's note: for a related case see 246 Nfld. & P.E.I.R. 274; 731 A.P.R. 274.

Municipal Law - Topic 1424

Powers of municipalities - Respecting land - Sale of - Loblaw purchased an old stadium site in the City of St. John's, intending to seek a rezoning of the property for a supermarket development - The plaintiffs owned homes near the stadium property - They sued the City, seeking to void the sale - They argued that under s. 51 of the City of St. John's Act the City was required to continue to hold the property "according to the intent of the original grant" - They alleged that the land had originally been conveyed for several purposes, including recreation and as a war memorial - The Newfoundland and Labrador Supreme Court, Trial Division, held that the City had held the property for the purposes for which it was acquired for almost 50 years - Section 51 did not preclude the disposition of the property - See paragraphs 42 to 52.

Municipal Law - Topic 1424

Powers of municipalities - Respecting land - Sale of - Loblaw purchased an old stadium site in the City of St. John's, intending to seek a rezoning of the property for a supermarket development - The plaintiffs owned homes near the stadium property - They sued the City, seeking to void the sale - They argued that, when all the circumstances of the construction and completion of the stadium were considered, a trust was created that compelled the City to hold the property for the purposes of a stadium, or at least for some public purpose - The Newfoundland and Labrador Supreme Court, Trial Division, held that the three certainties required for a trust were not present - The documentary evidence did not create a trust - The original deed conveyed the property to the City without any restrictions - The City was not required to operate the stadium for the benefits of its citizens on that site in perpetuity - See paragraphs 62 to 86.

Municipal Law - Topic 1425

Powers of municipalities - Respecting land - Dedicated to public uses - [See both Municipal Law - Topic 1424 ].

Municipal Law - Topic 1429

Powers of municipalities - Respecting land - Private use of public land - [See both Municipal Law - Topic 1424 ].

Municipal Law - Topic 6212

Actions against municipality - Capacity to sue - Persons specially affected - Loblaw purchased an old stadium site in the City of St. John's, intending to seek a rezoning of the property for a supermarket development - The plaintiffs owned homes near the stadium property -They sued the City, seeking to void the sale, alleging that the City held the property on a trust to maintain its public character - The defendants challenged the plaintiffs' standing to bring the action - The Newfoundland and Labrador Supreme Court, Trial Division, held that the plaintiffs had standing to bring the action - They raised a unique legal issue going to the City's capacity to convey the property - They had an interest as citizens in the legality of proceedings of City Council and as members of the neighbourhood that was the direct and proximate beneficiary of the alleged trust - There was no reasonable alternate mechanism to have the matter adjudicated - See paragraphs 17 to 40.

Municipal Law - Topic 6213

Actions against municipality - Capacity to sue - Interest groups - [See Municipal Law - Topic 6212 ].

Municipal Law - Topic 6214

Actions against municipality - Capacity to sue - Voter and ratepayer - [See Municipal Law - Topic 6212 ].

Practice - Topic 7029.5

Costs - Party and party costs - Entitlement to - Successful party - Exceptions - Public interest - Loblaw purchased an old stadium site in the City of St. John's, intending to seek a rezoning of the property for a supermarket development - The plaintiffs owned homes near the stadium property - They sued the City, seeking to void the sale, alleging that the City held the property on a trust to maintain its public character - The Newfoundland and Labrador Supreme Court, Trial Division, dismissed the action but declined to award the successful defendants costs - The plaintiffs raised a legitimate issue surrounding the City's authority to dispose of the property - The issue was a matter of intense public interest within the City and the plaintiffs took it upon themselves to raise it in light of their interest in the good of the City - See paragraph 93.

Trusts - Topic 661

Creation of trust - Transactions not creating trusts - General - [See second Municipal Law - Topic 1424 ].

Cases Noticed:

Lewvest Ltd. v. St. John's (City) et al. (1983), 42 Nfld. & P.E.I.R. 181; 122 A.P.R. 181; 149 D.L.R.(3d) 371; 1983 CarswellNfld 58 (Nfld. C.A.), refd to. [para. 17].

Citizens for a Southern Bypass Committee v. Pasadena (Town Council) (1995), 135 Nfld. & P.E.I.R. 307; 420 A.P.R. 307; 30 M.P.L.R.(2d) 124; 1995 CarswellNfld 124 (Nfld. C.A.), refd to. [para. 22].

Association des Propriétaires des Jardins Taché Inc. et al. v. Entreprises Daskin Inc. et al., [1974] S.C.R. 2; 26 D.L.R.(3d) 79; 1971 CarswellQue 60, refd to. [para. 32].

Robertson v. Montreal (City) (1915), 52 S.C.R. 30, refd to. [para. 32].

Luscar Ltd. and Norcen Energy Resources Ltd. v. Pembina Resources Ltd. (1994), 162 A.R. 35; 83 W.A.C. 35; 24 Alta. L.R.(3d) 305; 1994 CarswellAlta 251; [1995] 2 W.W.R. 153 (C.A.), refd to. [para. 65].

Save Our Waterfront Parks Society v. Vancouver (City) et al., [2004] B.C.T.C. 430; 2004 CarswellBC 659; 47 M.P.L.R.(3d) 265; 28 B.C.L.R.(4th) 142; 9 E.T.R.(3d) 11; 2004 BCSC 430, refd to. [para. 65].

O'Neill Community Ratepayers Association v. Oshawa (City) (1995), 22 O.R.(3d) 648; 46 R.P.R.(2d) 92; 1995 CarswellOnt 376; 8 E.T.R.(2d) 11 (Gen. Div.), refd to. [para. 66].

Friends of Stanley Park v. Vancouver Board of Parks and Recreation, [2000] B.C.T.C. 89; 2000 CarswellBC 438; 10 M.P.L.R.(3d) 25; 2000 BCSC 372, refd to. [para. 66].

Boulos v. Boulos (1986), 57 Nfld. & P.E.I.R. 181; 170 A.P.R. 181; 1986 CarswellNfld 28; 24 E.T.R. 56 (Nfld. T.D.), refd to. [para. 78].

Parsons v. Cook et al. (2004), 238 Nfld. & P.E.I.R. 16; 706 A.P.R. 16; 2004 CarswellNfld 119; 7 E.T.R.(3d) 92; 2004 NLSCTD 79, refd to. [para. 78].

Statutes Noticed:

City of St. John's Act, R.S.N.L. 1990, c. C-17, sect. 51 [para. 42]; sect. 59 [para. 53].

Authors and Works Noticed:

Halsbury's Laws of England (2000) (4th Ed. - Reissue), p. 148, para. 221 [para. 70].

Counsel:

R. Paul Burgess, for the plaintiffs;

Ian F. Kelly, Q.C., for the first and second defendants;

Robert Andrews, Q.C., for the third defendant.

This action was heard at St. John's, N.L., on June 27 to 29, 2005, by Faour, J., of the Newfoundland and Labrador Supreme Court, Trial Division, who delivered the following decision on July 26, 2005.