Tower Co. (1961) Ltd. v. Frobisher Bay (Village), (1979) 29 A.R. 594 (NWTCA)

• Judge: Morrow, Laycraft and Harradence, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: February 01, 1979
• Jurisdiction: Northwest Territories
• Citations: (1979), 29 A.R. 594 (NWTCA)

Tower Co. v. Frobisher Bay (1979), 29 A.R. 594 (NWTCA)

MLB headnote and full text

Tower Company (1961) Ltd. v. Frobisher Bay, Village of

(334)

Indexed As: Tower Co. (1961) Ltd. v. Frobisher Bay (Village)

Northwest Territories Court of Appeal

Morrow, Laycraft and Harradence, JJ.A.

November 1, 1979.

Summary:

This case arose out of two charges of unlawfully collecting garbage in the Village of Frobisher Bay. The trial court convicted the accused on both charges.

On appeal by way of stated case the Supreme Court of the Northwest Territories affirmed the convictions of the accused. The accused appealed to the Northwest Territories Court of Appeal.

The Northwest Territories Court of Appeal affirmed one conviction but set aside the other conviction.

Trade Regulation - Topic 6706

Services - Regulation - Unlawful garbage collection - The Village of Frobisher Bay prohibited persons (other than a designated contractor) from collecting garbage in the village - An equipment rental company was charged with the unlawful collection of garbage - The Northwest Territories Court of Appeal set aside the conviction of the accused where the accused's truck and driver were under the control of someone other than the accused - See paragraphs 37 to 46.

Statutes - Topic 1569

Interpretation - Construction where meaning is not plain - The Northwest Territories Court of Appeal stated that express language was necessary to deprive a person of his common law rights (see paragraph 22) - The Court of Appeal questioned the existence of a common law right to carry on a lawful trade - See paragraph 23.

Practice - Topic 8807

Appeals - Duty of appellate court regarding inferences from truthful evidence - The Northwest Territories Court of Appeal referred to limitations on a Court of Appeal in drawing an inference of fact - See paragraphs 44 and 45.

Cases Noticed:

Merritt v. Toronto (1895), 22 O.A.R. 205, refd to. [para. 21].

R. v. Stronach, [1928] 3 D.L.R. 216, refd to. [para. 22].

Abell v. Municipal Corporation of County of York, 57 D.L.R. 81, refd to. [para. 22].

Otaco Limited v. Town of Orillia, [1948] O.R. 37, refd to. [para. 22].

R. v. Bell, [1929] 2 W.W.R. 337, refd to. [para. 29].

R. v. Chadderton, [1918] 3 W.W.R. 210, refd to. [para. 30].

Raes v. Township of Plympton, [1971] 3 O.R. 445, refd to. [para. 32].

Wiswell v. Metropolitan Corporation of Greater Winnipeg, [1965] S.C.R. 512, refd to. [para. 32].

Williams v. Manissellian Freres (1923), 17 LI.L.Rep. 72, refd to. [para. 43].

Re International Woodworkers of America et al. (1972), 28 D.L.R.(3d) 182, refd to. [para. 43].

Wakefield Drilling v. Ponoka Calmar (1959), 29 W.W.R. 638, refd to. [para. 43].

Universal Cargo Carrier Corporation v. Citati, [1958] 2 Q.B. 254, refd to. [para. 43].

Statutes Noticed:

Frobisher Bay, Bylaws 18, 21, 67.

Municipal Ordinance, R.O.N.W.T., 1974, c. M-1, sect. 180, sect. 181 [para. 12].

Authors and Works Noticed:

De Smith, S.A., Judicial Review of Administrative Action (2nd Ed.), p. 88 [para. 22].

Rogers, The Law of Canadian Municipal Corporations, p. 436 [para. 33].

Counsel:

J.R. Quigley, for the appellant Tower Company;

E. Johnson, for the respondent.

This appeal was heard by MORROW, LAYCRAFT and HARRADENCE, JJ.A., of the Northwest Territories Court of Appeal. The judgment of the Court of Appeal was delivered by MORROW, J.A., at Yellowknife, N.W.T., on February 1, 1979.