Letourneau v. Carbonneau

Letourneau v. Carbonneau

The majority held the court had authority to amend its minutes after entry to direct that the respondents pay the appellants' costs forthwith after taxation where the costs had been ordered to be paid out of moneys in court but those moneys had been withdrawn, thereby removing any doubt and ensuring enforceability.

Citation
(1905) 35 SCR 701
Parties
Appellant (defendant): Edmond Letourneau; Appellant (defendant): Joseph Bernier; Respondent (plaintiff): Charles Eugene Carbonneau; Respondent (plaintiff): Belinda Ann Carbonneau
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 October 1905
Procedural Posture
Civil Appeal / Supreme Court of Canada Final Judgment and Subsequent Motion to Amend Minutes of Judgment After Entry
Outcome
Appeal allowed; original judgments of the Territorial Court and of Justice Craig reversed and set aside; minutes of judgment amended to order respondents to pay appellants' costs forthwith after taxation; motion allowed without costs.
Legal Topics
Amendment of Judgment After Entry, Costs Payable Out of Moneys in Court, Jurisdiction to Amend Minutes
Source Language
English
Civil Procedure Costs Appeal Amendment of Judgment After Entry Costs Payable Out of Moneys in Court Jurisdiction to Amend Minutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Edmond Letourneau

Appellant (defendant)

Joseph Bernier

Appellant (defendant)

Charles Eugene Carbonneau

Respondent (plaintiff)

Belinda Ann Carbonneau

Respondent (plaintiff)

Procedural Posture

Civil Appeal / Supreme Court of Canada Final Judgment and Subsequent Motion to Amend Minutes of Judgment After Entry

Legal Issues

  1. 1 Whether the Supreme Court may amend its minutes of judgment after entry to change the party liable for costs
  2. 2 Whether an order that costs be paid out of moneys in court is effective when those moneys have been withdrawn
  3. 3 Whether the court should amend its judgment to remove doubt and secure an effective remedy

Ratio Decidendi

The majority held the court had authority to amend its minutes after entry to direct that the respondents pay the appellants' costs forthwith after taxation where the costs had been ordered to be paid out of moneys in court but those moneys had been withdrawn, thereby removing any doubt and ensuring enforceability.

Court Disposition

Appeal allowed; original judgments of the Territorial Court and of Justice Craig reversed and set aside; minutes of judgment amended to order respondents to pay appellants' costs forthwith after taxation; motion allowed without costs.

Orders

  • Appeal allowed and the judgments of the Territorial Court of the Yukon Territory en banco and of the Honourable Mr. Justice Craig reversed and set aside.
  • Minutes of judgment amended to add that costs in all said courts are to be paid by the respondents to the appellants forthwith after taxation thereof.