Nuisance and Neighbourhood in Late Nineteenth-Century Montreal: Drysdale v Dugas in its Contexts
Author | Eric H. Reiter |
Pages | 35-69 |
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Nuisance and Neighbourhood in Late
NineteenthCenturyMontreal
DrysdalevDugasin its Contexts
EricHReiter
Introduction
Npersonal dimension that can bel ie the often relatively
modestlegalstakesinvolvedPiingneighbouragainstneighbourandin
volving perceived invasion of the homes, workplaces, or senses of the par
ties, nuisance complaints tend to elicit vehement reactions on both sides.
OnesuchaairisDrysdalevDugas, which reached the Supreme Court of
Canada in Centring on a dispute between neighbours in Montreal,
the case pits Drysdale, who built and ran a stable in a residential neigh
bourhood, against Dugas, who complained of the horses’ unpleasant odours,
foulliquidsandincessantnoiseItalsohighlightsdicultissuesofprop
erty powers and duties, fault and liability, precedent and public policy, and
remediesMoreoverastheSupremeCourtsrstmajorpronouncementon
nuisance in Canada, Drysdalesinuencehasextendedbeyonditsoriginsin
thecivillawofQuebecRecentlyitsrelevancewasrearmedwhentheSu
preme Court endorsed its view of liability for nuisance in StLawrenceCement
vBarreeof
Like all nuisance cases, Drysdale sits at the intersection of t he law of prop
erty and civil liability, and it reveals lawyers and judges alike seeking co
herentoratleastworkablerulesandconceptsinamurkyeldoflaw
Like all Quebec nuisance cases, Drysdale also straddles the civil law and the
common law, with French and English principles and precedents mingling
ヌハEricHReiter
sometimes in concert, sometimes in tension. Finally, like all legal cases of
whatever kind, Drysdalehasastorybehinditonethatbothllsoutandat
times challenges the rather lifeless published reports of the case. In this
article, I use Drysdale and its stories to explore the intersections of doctrinal
legal principles and lived social ordering in a time of changing urban land
scapes and neighbourly relationships.
Dramatis Personae: Dugas and Drysdale
N concept. The smells, noises, smoke, vibrations, and
other physical irritants behind the legal idea of nuisance become problem
aticwhenindividualsliveincloseproximitytooneanotheranddierences
inpersonalitiessensibilitiesandlevelsoftolerancegiverisetoconictover
the irritants. It is also, of course, a legal concept, and the principles, inter
pretations and precedents of the legal system aect the so cial aspects of
nuisanceasthesocialaspectsaectthelegalBehindbotharepeople
neighbours, lawyers, and judges — who come to litigation with previous
historieswhichprovideanotherlevelofinuenceonthecourseofthecase
CalixteAiméDugastheplaintiinDrysdalewasaprominentandwell
connected member of the Montreal legal community. Though it was no se
cret at the time, it appears nowhere in the reported judgments that Dugas
was himself a judge of the Montreal Court of Sessions, the lower criminal
courtBornininStRéminearMontrealDugasstudiedlawwithboth
afutureQuebecchiefjusticeAADorionandafutureprimeministerof
CanadaJJCAbboAfteradmissiontothebarinhisfortunatecon
nections continued: he practised law with a future Supreme Court justice
DésiréGirouardandinmarriedSuzanneHarkinacousinofLewis
Drummond, justice of the Quebec Court of Queen’s Bench. Dugas served
brieyinmunicipalgovernmentandinranunsuccessfullyfortheprov
incial Liberals. Soon after his defeat he was rewarded with an appointment
as judge of the Court of General Sessions of the Peace, serving also as extra
dition commissioner. A proponent of military training, Dugas belonged to
thethBaalionMountRoyalRiesandsawactivedutyasaMajorlater
promotedtoLieutenantColonelduringtheNorthWestRebellionof
Dugas was also a member of several prestigious Montreal clubs, mingling
with the francophone elite at the Club Canadien and the a nglophone elite at
the Metropolitan Club.
NuisanceandNeighbourhoodinLateNineteenthCenturyMontrealヌヒ
Besides his position as judge and his general knowledge of the law,
two other aspects of Dugas’s personal history factor into this litigation: his
litigiousness and a speculative streak. Like many legal professionals with
knowledge of their rights and a drive to vindicate them, Dugas was involved
inanumberoflegalactionsovertheyearsAlreadyinthesasayoung
lawyerheparticipatedinawellpublicizedfracasoverhishavinghitched
his horse to a gatepost, as a result of which he was arrested for allegedly
assaulting a constable. Tellingly, he not only defended himself against the
charge but launched a suit against the constable and the City of
Montreal for false arrest and violation of his rights.Ininanothercause
célèbre, Dugas successful ly brought private criminal l ibel charges against Ed
mundSheppardownerofthesensationalistandantiFrenchTorontoEven-
ingNews, over articles al leging cowardice, looting, and desert ion by Dugas’s
regiment during the Rebellion. Dugas also appears in various cases con
nected to his business deali ngs, such as a breach of contract suit arising from
plans to form a company to exploit an invention to turn garbage into fuel.
JudgeDugasMontrealQCbyWilliamNotmanSonDecemberThis
photograph of Dugas, like the pho to of Drysdale below, is by Montreal’s premier society
photographerWilliamNotmanMcCordMuseumIIReproducedwithpermission
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