Ainslie Mining & Ry. Co. v. McDougall

Ainslie Mining & Ry. Co. v. McDougall

Because the appellants obtained the alternative relief they sought (a new trial), there was no right to appeal to the Supreme Court of Canada from the provincial judgment; therefore the appeal is quashed.

Citation
(1908) 40 SCR 270
Parties
Defendant Appellant: Ainslie Mining & Ry. Co.; Plaintiff Respondent: Murdock Mcdougall
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 May 1908
Procedural Posture
Appeal From Provincial Court / Appeal to the Supreme Court of Canada From Judgment of the Supreme Court of Nova Scotia
Outcome
Appeal quashed without costs.
Legal Topics
Appealability, Alternative Relief, New Trial, Finality of Judgment
Source Language
English
Civil Torts Negligence Appeal and Procedure Appealability Alternative Relief New Trial Finality of Judgment

Case Brief

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Parties

Ainslie Mining & Ry. Co.

Defendant Appellant

Murdock Mcdougall

Plaintiff Respondent

Procedural Posture

Appeal From Provincial Court / Appeal to the Supreme Court of Canada From Judgment of the Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether a party who obtained a new trial as alternative relief can appeal to the Supreme Court of Canada from the judgment granting the new trial
  2. 2 Whether the appeal should be quashed where the appellant sought dismissal but was granted a new trial

Ratio Decidendi

Because the appellants obtained the alternative relief they sought (a new trial), there was no right to appeal to the Supreme Court of Canada from the provincial judgment; therefore the appeal is quashed.

Court Disposition

Appeal quashed without costs.

Orders

  • Appeal quashed without costs.