St-George's v. King

St-George's v. King

The Court held the arbitrators' two awards were sufficiently specific and final: the school-lands award properly adjudicated against the respondent as executrix (implying assets) and the glebe-lands award, though brief, operated as a final adjudication of the matters referred; the costs provision exceeded authority and may be abandoned; accordingly the awards stand and the appellate court allowed the appeal.

Citation
(1878) 2 SCR 143
Parties
Appellant / Plaintiff: The Rectors, Churchwardens and Vestry of St. George's Parish, Parrsboro; Respondent / Defendant / Executrix: Alida Y. King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 January 1878
Procedural Posture
Ejectment; Arbitration Appeal / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia
Outcome
Appeal allowed with costs; rule nisi in Supreme Court of Nova Scotia to set aside the awards discharged
Legal Topics
Award Finality, Reference to Arbitrators, Capacity of Parties (executrix V Individual), Severability of Awards, Costs
Source Language
English
Arbitration Property Civil Procedure Award Finality Reference to Arbitrators Capacity of Parties (executrix V Individual) Severability of Awards Costs

Case Brief

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Parties

The Rectors, Churchwardens and Vestry of St. George's Parish, Parrsboro

Appellant / Plaintiff

Alida Y. King

Respondent / Defendant / Executrix

Procedural Posture

Ejectment; Arbitration Appeal / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether the arbitrators' awards were final and sufficiently certain to be enforced
  2. 2 Whether the arbitrators determined all matters referred, including distinct liabilities (deceased in lifetime, executrix, individual)
  3. 3 Whether an award against an executrix imports assets and personal liability

Ratio Decidendi

The Court held the arbitrators' two awards were sufficiently specific and final: the school-lands award properly adjudicated against the respondent as executrix (implying assets) and the glebe-lands award, though brief, operated as a final adjudication of the matters referred; the costs provision exceeded authority and may be abandoned; accordingly the awards stand and the appellate court allowed the appeal.

Court Disposition

Appeal allowed with costs; rule nisi in Supreme Court of Nova Scotia to set aside the awards discharged

Orders

  • Appeal allowed with costs
  • Rule nisi in the Supreme Court of Nova Scotia discharged