Crown Trust Co. v. MacAulay et al.

Crown Trust Co. v. MacAulay et al.

Because the trustee, through its counsel and an officer, was aware of and acquiesced in the settlement and the subsequent judgment, it abandoned its right to appeal under art. 1220 of the Code of Civil Procedure; the appeal is dismissed.

Citation
[1964] SCR 391
Parties
Defendant/appellant: Crown Trust Company; Plaintiff/respondent: Dame Mary Agnes Macaulay; Intervenant/respondent: Peter Charles Macaulay; Intervenant/respondent: Sarah Ann Macaulay
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 April 1964
Procedural Posture
Civil Appeal / Supreme Court of Canada on Appeal From the Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Consent Judgment, Acquiescence, Right of Appeal, Settlement Enforcement, Intervention
Source Language
English
Civil Procedure Trusts and Succession Appeal Consent Judgment Acquiescence Right of Appeal Settlement Enforcement Intervention

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Parties

Crown Trust Company

Defendant/appellant

Dame Mary Agnes Macaulay

Plaintiff/respondent

Peter Charles Macaulay

Intervenant/respondent

Sarah Ann Macaulay

Intervenant/respondent

Procedural Posture

Civil Appeal / Supreme Court of Canada on Appeal From the Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether a trustee who was aware of and acquiesced in a settlement and consent judgment abandoned its statutory right to appeal under art. 1220 of the Code of Civil Procedure
  2. 2 Whether a consent judgment confirmed by the court is subject to appeal where the appellant acquiesced prior to and after judgment

Ratio Decidendi

Because the trustee, through its counsel and an officer, was aware of and acquiesced in the settlement and the subsequent judgment, it abandoned its right to appeal under art. 1220 of the Code of Civil Procedure; the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Lower court judgment confirming the transaction and ordering the defendant to render an account and to dispose of the trust fund in accordance with the transaction is maintained