Valiantes v. Bell

Valiantes v. Bell

Because s.64 of the Dominion Controverted Elections Act restricts appeals to the final decision of the court after the trial of an election petition, the Supreme Court of Canada lacked jurisdiction to entertain an appeal from a pretrial dismissal by a single Superior Court judge and the appeal must be quashed.

Source-derived case information.

Citation
[1927] SCR 341
Parties
Appellant (petitioner): Andrew Valiantes; Respondent (defendant): Leslie Gordon Bell
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 February 1927
Procedural Posture
Appeal From Dismissal of Election Petition / Motion to Quash for Want of Jurisdiction Following Dismissal of Petition by a Single Superior Court Judge Before Trial
Outcome
Appeal quashed
Legal Topics
Controverted Elections Act, Appealability, Jurisdiction, Election Petitions, Dismissal for Irregularity, Final Judgment Requirement
Source Language
english
Election Law Appellate Jurisdiction Civil Procedure Controverted Elections Act Appealability Jurisdiction Election Petitions Dismissal for Irregularity +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Andrew Valiantes

Appellant (petitioner)

Leslie Gordon Bell

Respondent (defendant)

Procedural Posture

Appeal From Dismissal of Election Petition / Motion to Quash for Want of Jurisdiction Following Dismissal of Petition by a Single Superior Court Judge Before Trial

Legal Issues

  1. 1 Whether the Supreme Court of Canada has jurisdiction to hear an appeal from a judgment of a single Superior Court judge dismissing an election petition on a pretrial motion for irregularity
  2. 2 Whether s.64 of the Dominion Controverted Elections Act (as substituted by s.13 of 5 Geo. V, c.13) limits appeals to the final decision after trial by the judges who tried the petition

Ratio Decidendi

Because s.64 of the Dominion Controverted Elections Act restricts appeals to the final decision of the court after the trial of an election petition, the Supreme Court of Canada lacked jurisdiction to entertain an appeal from a pretrial dismissal by a single Superior Court judge and the appeal must be quashed.

Court Disposition

Appeal quashed

Orders

  • Motion to quash granted with costs
  • Appeal quashed