Canadian Northern Quebec Ry. Co. v. Naud

Canadian Northern Quebec Ry. Co. v. Naud

Given the parties' agreement to adjourn proceedings until counsel returned, that conduct constituted consent (express or implied) to prolong the time for making the award under s.204; a majority of the arbitrators validly fixed a later date after counsel's return and the subsequent award was valid, so the appeal was dismissed with costs.

Citation
(1913) 48 SCR 242
Parties
Plaintiff/appellant: Canadian Northern Quebec Railway Company; Defendant/respondent: Alexander Naud
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 April 1913
Procedural Posture
Appeal (arbitration Under Railway Act) / On Appeal to the Supreme Court of Canada; Judgment Delivered
Outcome
Appeal dismissed with costs (majority); award confirmed
Legal Topics
Extension of Arbitration Time, Interpretation of Statutory Time Limits, Consent to Adjournment, Setting Aside Arbitration Award, Railway Act S.204
Source Language
English
Arbitration Expropriation Administrative Law Statutory Interpretation Extension of Arbitration Time Interpretation of Statutory Time Limits Consent to Adjournment Setting Aside Arbitration Award +1 more

Case Brief

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Parties

Canadian Northern Quebec Railway Company

Plaintiff/appellant

Alexander Naud

Defendant/respondent

Procedural Posture

Appeal (arbitration Under Railway Act) / On Appeal to the Supreme Court of Canada; Judgment Delivered

Legal Issues

  1. 1 Whether arbitrators lost jurisdiction by failing to prolong the time for award before the statutory date in s.204
  2. 2 Whether parties' agreement to adjourn until counsel returned constituted consent to extend the time under s.204
  3. 3 Whether the arbitrators exceeded their submission in allowing particular compensation items

Ratio Decidendi

Given the parties' agreement to adjourn proceedings until counsel returned, that conduct constituted consent (express or implied) to prolong the time for making the award under s.204; a majority of the arbitrators validly fixed a later date after counsel's return and the subsequent award was valid, so the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs (majority); award confirmed

Orders

  • Appeal dismissed with costs.
  • Arbitration award confirmed.