Harris v. Harris

Harris v. Harris

The Court held that it had jurisdiction to entertain the appeal in the alimony action because that judgment was final, but that the decree nisi in the divorce action was not a "final judgment" within s.2(b) of the Supreme Court Act and therefore no appeal lies to this Court until the decree nisi is made absolute.

Citation
[1932] SCR 541
Parties
Plaintiff (divorce); Respondent (alimony): George Wesley Harris; Defendant (divorce); Plaintiff/appellant (alimony): Marian J. Harris
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 May 1932
Procedural Posture
Appeal to Supreme Court of Canada / Motions by Way of Appeal From Registrar's Order Affirming Jurisdiction to Hear Appeals From the Court of Appeal for Ontario
Outcome
Appeal allowed as to the Registrar's affirmation of jurisdiction in the divorce action (Registrar's order set aside); appeal dismissed as to the alimony action (Registrar's order affirming jurisdiction upheld).
Legal Topics
Decree Nisi, Final Judgment, Jurisdiction, Appealability, Matrimonial Causes
Source Language
English
Family Law Appellate Procedure Divorce Alimony Decree Nisi Final Judgment Jurisdiction Appealability +1 more

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Parties

George Wesley Harris

Plaintiff (divorce); Respondent (alimony)

Marian J. Harris

Defendant (divorce); Plaintiff/appellant (alimony)

Procedural Posture

Appeal to Supreme Court of Canada / Motions by Way of Appeal From Registrar's Order Affirming Jurisdiction to Hear Appeals From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to hear an appeal from the Court of Appeal in an action for alimony
  2. 2 Whether a decree nisi in a divorce action is a "final judgment" under s.2(b) of the Supreme Court Act and thus appealable
  3. 3 Whether an order nisi determines substantive rights and permits appeal before it is made absolute

Ratio Decidendi

The Court held that it had jurisdiction to entertain the appeal in the alimony action because that judgment was final, but that the decree nisi in the divorce action was not a "final judgment" within s.2(b) of the Supreme Court Act and therefore no appeal lies to this Court until the decree nisi is made absolute.

Court Disposition

Appeal allowed as to the Registrar's affirmation of jurisdiction in the divorce action (Registrar's order set aside); appeal dismissed as to the alimony action (Registrar's order affirming jurisdiction upheld).

Orders

  • Motion by way of appeal granted as to the divorce action; Registrar's order affirming jurisdiction set aside
  • Motion by way of appeal refused as to the alimony action; Registrar's order affirming jurisdiction upheld