Burnett v. Hutchins Car Roofling Co.

Burnett v. Hutchins Car Roofling Co.

The Exchequer Court's exercise of jurisdiction under s.23(a) is judicial and its final judgments are appealable to the Supreme Court under s.82 when the amount or value in controversy exceeds $500; the value of a patent right may satisfy the amount requirement and can be proved by affidavit. Consequently the motion to quash the appeal for want of jurisdiction fails.

Citation
(1917) 54 SCR 610
Parties
Appellant / Defendant: Richard Webb Burnett; Respondent / Plaintiff: The Hutchins Car Roofing Company; Respondent / Plaintiff: Robert E. Frame
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 February 1917
Procedural Posture
Appeal From Exchequer Court / Motion to Quash Appeal for Want of Jurisdiction
Outcome
Motion to quash dismissed with costs
Legal Topics
Appealability of Exchequer Court Judgments, Exchequer Court Vs. Patent Act Arbitration, Amount in Controversy, Conflicting Patent Applications
Source Language
English
Patent Law Judicial Review Civil Procedure Appeal Jurisdiction Appealability of Exchequer Court Judgments Exchequer Court Vs. Patent Act Arbitration Amount in Controversy Conflicting Patent Applications

Case Brief

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Parties

Richard Webb Burnett

Appellant / Defendant

The Hutchins Car Roofing Company

Respondent / Plaintiff

Robert E. Frame

Respondent / Plaintiff

Procedural Posture

Appeal From Exchequer Court / Motion to Quash Appeal for Want of Jurisdiction

Legal Issues

  1. 1 Whether a judgment of the Exchequer Court exercising jurisdiction under s.23(a) of the Exchequer Court Act is appealable to the Supreme Court
  2. 2 Whether the Exchequer Court, in hearing conflicting patent applications under s.23(a), acts merely as substitute for arbitrators under s.20 of the Patent Act (and so its decisions are final)
  3. 3 Whether the statutory threshold 'amount in controversy exceeds $500' includes non‑pecuniary rights such as the value of a patent right and may be established by affidavit

Ratio Decidendi

The Exchequer Court's exercise of jurisdiction under s.23(a) is judicial and its final judgments are appealable to the Supreme Court under s.82 when the amount or value in controversy exceeds $500; the value of a patent right may satisfy the amount requirement and can be proved by affidavit. Consequently the motion to quash the appeal for want of jurisdiction fails.

Court Disposition

Motion to quash dismissed with costs

Orders

  • Motion to quash the appeal dismissed with costs