Fortier v. Poulin

Fortier v. Poulin

The Supreme Court lacks jurisdiction because the appellant's interest in the appealed matter is limited to his $430 judgment, which is below the required monetary threshold for this Court; therefore the appeal must be quashed.

Citation
[1955] SCR 181
Parties
Appellant Plaintiff: Alfred Fortier; Respondent Defendant: Wilfrid Poulin; Mis En Cause: Ovila Poulin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 December 1954
Procedural Posture
Appeal / On Appeal to the Supreme Court of Canada; Jurisdictional Question Regarding Monetary Threshold; Appeal Quashed
Outcome
Appeal quashed with costs.
Legal Topics
Action Paulienne, Jurisdictional Threshold, Fraudulent Conveyance, Creditor Remedies
Source Language
English
Appeal Civil Procedure Property Law Insolvency Fraudulent Conveyance Action Paulienne Jurisdictional Threshold Creditor Remedies

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Parties

Alfred Fortier

Appellant Plaintiff

Wilfrid Poulin

Respondent Defendant

Ovila Poulin

Mis En Cause

Procedural Posture

Appeal / On Appeal to the Supreme Court of Canada; Jurisdictional Question Regarding Monetary Threshold; Appeal Quashed

Legal Issues

  1. 1 Whether the Supreme Court of Canada has jurisdiction to hear an appeal by a creditor seeking to set aside a conveyance when the debtor is not in bankruptcy or liquidation
  2. 2 Whether a creditor holding a judgment for $430 has an interest in the transferred property sufficient to meet the Court's monetary jurisdictional threshold
  3. 3 Whether an action paulienne enures solely to the creditor-party and limits the appellant's interest to the judgment amount

Ratio Decidendi

The Supreme Court lacks jurisdiction because the appellant's interest in the appealed matter is limited to his $430 judgment, which is below the required monetary threshold for this Court; therefore the appeal must be quashed.

Court Disposition

Appeal quashed with costs.

Orders

  • Appeal quashed with costs as of a motion to that effect.