Gordon & Son Ltd. v. Debly

Gordon & Son Ltd. v. Debly

The clerk of the County Court may enter final judgment in default for liquidated demands even when he is the plaintiff's solicitor because the entry is a ministerial act authorized by statute and longstanding provincial practice (Order 13 r.3 and s.25 R.S.N.B. 1952), and the statutory restriction in s.25 applies only to assessment of unliquidated damages.

Citation
[1956] SCR 522
Parties
Appellant (defendant): M. Gordon & Son Limited; Respondent (plaintiff): Louis Debly
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 April 1956
Procedural Posture
Civil Appeal Concerning Default Judgment / Appeal From Supreme Court of New Brunswick, Appeal Division; Application to Set Aside County Court Default Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Default Judgment, Liquidated Demand, Clerk Acting as Solicitor in Own Cause, Authority to Sign Judgment, Ministerial Vs Judicial Acts
Source Language
English
Civil Procedure Judicial Office and Recusal Court Administration Statutory Interpretation Default Judgment Liquidated Demand Clerk Acting as Solicitor in Own Cause Authority to Sign Judgment +1 more

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Parties

M. Gordon & Son Limited

Appellant (defendant)

Louis Debly

Respondent (plaintiff)

Procedural Posture

Civil Appeal Concerning Default Judgment / Appeal From Supreme Court of New Brunswick, Appeal Division; Application to Set Aside County Court Default Judgment

Legal Issues

  1. 1 Whether the Clerk of the County Court has authority to enter a default judgment on a liquidated demand
  2. 2 Whether the Clerk is disqualified from entering such a judgment when he is the solicitor for the plaintiff

Ratio Decidendi

The clerk of the County Court may enter final judgment in default for liquidated demands even when he is the plaintiff's solicitor because the entry is a ministerial act authorized by statute and longstanding provincial practice (Order 13 r.3 and s.25 R.S.N.B. 1952), and the statutory restriction in s.25 applies only to assessment of unliquidated damages.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • County Court judgment affirmed.