Mercer v. Attorney General for Ontario

Mercer v. Attorney General for Ontario

Majority: The British North America Act, s.102, places revenues derived from escheats under the control of the Parliament of Canada as part of the Consolidated Revenue Fund of Canada; nothing in the Act (including s.109) clearly reserves escheat revenues to the provinces; therefore provincial legislation (Escheat Act R.S.O. c.94) attempting to appropriate escheated estates to provincial purposes is ultra vires and the Dominion (parliament/executive) is the proper repository for such revenues.

Citation
(1881) 5 SCR 538
Parties
Appellant / Private Party Claiming Interest: Andrew F. Mercer; Respondent / Provincial Government Representative: Attorney General for the Province of Ontario; Intervenor / Federal Government Representative: Attorney General of the Dominion of Canada (intervenor)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 November 1881
Procedural Posture
Civil Appeal Concerning Escheat and Public Property / Appeal to the Supreme Court of Canada From Court of Appeal for Ontario; Question Limited to Which Government (dominion or Province) Is Entitled to Escheated Estates
Outcome
Appeal allowed; judgment of Ontario Court of Appeal reversed; provincial Escheat Act (R.S.O. c.94) held ultra vires as regards appropriation of escheated estates; escheat revenues belong to Dominion consolidated revenue fund
Legal Topics
Escheat, Royal Prerogative, Division of Powers (bna Act), Consolidated Revenue Fund, Crown Lands and Royalties, Ultra Vires Provincial Legislation
Source Language
English
Property Law Constitutional Law Public Law Estates and Succession Escheat Royal Prerogative Division of Powers (bna Act) Consolidated Revenue Fund +2 more

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Parties

Andrew F. Mercer

Appellant / Private Party Claiming Interest

Attorney General for the Province of Ontario

Respondent / Provincial Government Representative

Attorney General of the Dominion of Canada (intervenor)

Intervenor / Federal Government Representative

Procedural Posture

Civil Appeal Concerning Escheat and Public Property / Appeal to the Supreme Court of Canada From Court of Appeal for Ontario; Question Limited to Which Government (dominion or Province) Is Entitled to Escheated Estates

Legal Issues

  1. 1 Whether estates escheated to the Crown for want of heirs belong to the Province or to the Dominion
  2. 2 Whether revenues from escheats are part of the Consolidated Revenue Fund under s.102 B.N.A. Act
  3. 3 Whether provincial Escheat Act (R.S.O. c.94) was intra vires or ultra vires

Ratio Decidendi

Majority: The British North America Act, s.102, places revenues derived from escheats under the control of the Parliament of Canada as part of the Consolidated Revenue Fund of Canada; nothing in the Act (including s.109) clearly reserves escheat revenues to the provinces; therefore provincial legislation (Escheat Act R.S.O. c.94) attempting to appropriate escheated estates to provincial purposes is ultra vires and the Dominion (parliament/executive) is the proper repository for such revenues.

Court Disposition

Appeal allowed; judgment of Ontario Court of Appeal reversed; provincial Escheat Act (R.S.O. c.94) held ultra vires as regards appropriation of escheated estates; escheat revenues belong to Dominion consolidated revenue fund

Orders

  • Appeal allowed with costs
  • Order of Court of Appeal for Ontario affirmed as to procedure reversed on merits