Norton v. Fulton

Norton v. Fulton

Under R.S.B.C. ch.57 s.4 the Provincial Secretary has an imperative duty to submit petitions of right to the Lieutenant Governor; a decisive refusal to submit vests an immediate cause of action for damages which is not cured merely by subsequent submission, and where a jury could find an actionable wrong the case...

Source-derived case information.

Citation
(1907) 39 SCR 202
Parties
Appellant/plaintiff: William Thomas Norton; Respondent/defendant: The Honourable Frederick Fulton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1907
Procedural Posture
Appeal (civil Tort Against Crown; Constitutional/statutory) / On Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia (final Judgment)
Outcome
Appeal allowed; judgment of the Supreme Court of British Columbia reversed; new trial ordered; costs awarded to appellant.
Legal Topics
Duty of Ministers, Petition of Right, Crown Procedure Act, Refusal to Submit Petition, Damages, Trial by Jury, New Trial, Costs
Source Language
english
Constitutional Law Tort Administrative Law Civil Procedure Duty of Ministers Petition of Right Crown Procedure Act Refusal to Submit Petition +4 more

Source-derived case record

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Parties

William Thomas Norton

Appellant/plaintiff

The Honourable Frederick Fulton

Respondent/defendant

Procedural Posture

Appeal (civil Tort Against Crown; Constitutional/statutory) / On Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia (final Judgment)

Legal Issues

  1. 1 Whether the Provincial Secretary has a statutory duty under the Crown Procedure Act to submit a petition of right to the Lieutenant Governor
  2. 2 Whether a decisive refusal to submit a petition vests an immediate right of action for damages
  3. 3 Whether subsequent submission of the petition after suit is an answer to the plaintiff's claim

Ratio Decidendi

Under R.S.B.C. ch.57 s.4 the Provincial Secretary has an imperative duty to submit petitions of right to the Lieutenant Governor; a decisive refusal to submit vests an immediate cause of action for damages which is not cured merely by subsequent submission, and where a jury could find an actionable wrong the case must be left to the jury — accordingly the appellate court reversed the lower judgment and ordered a new trial with costs to the appellant.

Court Disposition

Appeal allowed; judgment of the Supreme Court of British Columbia reversed; new trial ordered; costs awarded to appellant.

Orders

  • Judgment of the Supreme Court of British Columbia reversed.
  • Action remitted for new trial (trial on the issues by jury).