In Preston v. The Corporation of Camden, 14 O.A.R. 85, at p. 87, I find the following:—“If, therefore, the work was properly and carefully done, and the doing of it was lawful under a lawful exercise of municipal authority, the case, as is strongly urged by defendants, would appear to be one in which redress could only be obtained in the mode provided by the Act.” At p. 89: “If the work was done under the authority of the by-law, and it was done, as the jury have found, without negligence, how can the plaintiff recover in an action? If he has any remedy at all—and I am far from saying he has not—it is by arbitration to obtain compensation under the Municipal Act.”
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