Higgins v. Stephens

Higgins v. Stephens

In an action pro socio under Article 1898 C.C. the plaintiff need not produce a full and regular account according to formal Quebec practice if the pleadings suffice to open an inquiry and the court, exercising its discretion, can refer the matter to an accountant whose inquiry and report fully investigates the partnership affairs; where no injustice is shown the procedural challenge does not warrant appellate reversal.

Citation
(1902) 32 SCR 132
Parties
Defendant/appellant: Charles L. Higgins; Plaintiff/respondent: George W. Stephens, Junior
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 March 1902
Procedural Posture
Commercial Law — Partnership Account / Appeal to Supreme Court of Canada From the Court of King's Bench, Province of Quebec (appeal Side); Matter Had Passed Through Superior Court and Court of Review
Outcome
Appeal dismissed with costs
Legal Topics
Account, Action Pro Socio, Reference to Accountant, Interpretation of Civil Code Art. 1898
Source Language
English
Commercial Law Partnership Law Civil Procedure Account Action Pro Socio Reference to Accountant Interpretation of Civil Code Art. 1898

Case Brief

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Parties

Charles L. Higgins

Defendant/appellant

George W. Stephens, Junior

Plaintiff/respondent

Procedural Posture

Commercial Law — Partnership Account / Appeal to Supreme Court of Canada From the Court of King's Bench, Province of Quebec (appeal Side); Matter Had Passed Through Superior Court and Court of Review

Legal Issues

  1. 1 Whether a plaintiff in an action pro socio must allege and produce a full and regular account according to Quebec practice before an inquiry can be ordered
  2. 2 Interpretation and scope of Article 1898 of the Quebec Civil Code regarding dissolution and accounts between partners
  3. 3 Whether an appeal based solely on procedure should be allowed where no injustice has been shown

Ratio Decidendi

In an action pro socio under Article 1898 C.C. the plaintiff need not produce a full and regular account according to formal Quebec practice if the pleadings suffice to open an inquiry and the court, exercising its discretion, can refer the matter to an accountant whose inquiry and report fully investigates the partnership affairs; where no injustice is shown the procedural challenge does not warrant appellate reversal.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs