James Bay Ry. Co. v. Armstrong

James Bay Ry. Co. v. Armstrong

When a statute permits an appeal to a 'superior court' and in the province more than one superior court is designated, an appeal taken to the High Court (the curia designata) is final for the purposes of that statutory appeal; therefore no further appeal lies to the Supreme Court of Canada and the Supreme Court lacks jurisdiction to entertain the appeal or grant special leave.

Citation
(1907) 38 SCR 511
Parties
Appellant; Defendant: James Bay Railway Company; Respondent; Plaintiff: Samuel W. Armstrong
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 April 1907
Procedural Posture
Appeal to Supreme Court of Canada / On Appeal From Judgment of a Single Judge of the High Court of Justice for Ontario Increasing Arbitrators' Award
Outcome
Appeal and cross-appeal dismissed for want of jurisdiction; motion for leave dismissed
Legal Topics
Expropriation, Railway Act Appeals, Curia Designata, Superior Court Definition, Jurisdiction to Hear Appeals
Source Language
English
Property Law Statutory Interpretation Procedure Appeals Railway Regulation Expropriation Railway Act Appeals Curia Designata Superior Court Definition +1 more

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Parties

James Bay Railway Company

Appellant; Defendant

Samuel W. Armstrong

Respondent; Plaintiff

Procedural Posture

Appeal to Supreme Court of Canada / On Appeal From Judgment of a Single Judge of the High Court of Justice for Ontario Increasing Arbitrators' Award

Legal Issues

  1. 1 Whether an appeal lies to the Supreme Court of Canada from a High Court judgment under sec.168 of 3 Edw. VII ch.58 (Railway Act amendment)
  2. 2 Whether election of the High Court as the designated superior court (curia designata) for appeal precludes further appeal to a higher court
  3. 3 Interpretation of 'Superior Court' in the Interpretation Act and its effect on appeal routes

Ratio Decidendi

When a statute permits an appeal to a 'superior court' and in the province more than one superior court is designated, an appeal taken to the High Court (the curia designata) is final for the purposes of that statutory appeal; therefore no further appeal lies to the Supreme Court of Canada and the Supreme Court lacks jurisdiction to entertain the appeal or grant special leave.

Court Disposition

Appeal and cross-appeal dismissed for want of jurisdiction; motion for leave dismissed

Orders

  • Appeal dismissed without costs
  • Cross-appeal dismissed without costs