Jean-Claude Ruelland

The appellants challenged an Order in Council extending the limits of the port of Saint John to include their private harbour facilities, and a National Harbours Board By-law imposing harbour dues on vessels using those facilities.

The appellants argued the Order in Council was passed for improper motives to increase revenues, and that the By-law unlawfully interfered with their private property rights.

The Supreme Court of Canada dismissed the appeal, holding that the courts cannot inquire into the motives of the Governor in Council in passing an Order in Council, and that the imposition of harbour dues on vessels entering the harbour does not constitute an unlawful exercise of jurisdiction over private property.

The appellant contractor entered into a contract with the Crown to build a dam.

The contractor encountered soil conditions significantly different from those indicated in the plans, leading to increased dewatering costs, and also faced delays due to additional work ordered by the Crown.

The contractor sued for additional costs.

The Supreme Court of Canada held that the contractor could not recover for the soil mistake because it failed to give the required notice under the contract.

However, the Court allowed the appeal in part, awarding the contractor compensation for the costs of delays caused by the additional work, as provided by the contract's clauses on extra work.