Maritime Bank of the Dominion of Canada v. Stewart

Maritime Bank of the Dominion of Canada v. Stewart

The order staying proceedings was not a final judgment within the meaning of the statute and therefore not appealable to the Supreme Court; further, even if it were considered final, it was made in the exercise of judicial discretion and section 27 of the Act precludes appeal — accordingly the appeal was quashed.

Citation
(1891) 20 SCR 105
Parties
Appellant / Plaintiff: Maritime Bank of the Dominion of Canada; Respondent / Defendant: R.A. & J. Stewart
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 November 1891
Procedural Posture
Appeal / Motion to Quash for Want of Jurisdiction From Court of Appeal for Ontario Affirming Divisional Court Order Staying Proceedings
Outcome
Appeal quashed with costs
Legal Topics
Final Judgment, Stay of Proceedings, Judicial Discretion, Comity, Election to Prove in Bankruptcy
Source Language
English
Bankruptcy Appeal Jurisdiction Civil Procedure Equity Final Judgment Stay of Proceedings Judicial Discretion +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Maritime Bank of the Dominion of Canada

Appellant / Plaintiff

R.A. & J. Stewart

Respondent / Defendant

Procedural Posture

Appeal / Motion to Quash for Want of Jurisdiction From Court of Appeal for Ontario Affirming Divisional Court Order Staying Proceedings

Legal Issues

  1. 1 Whether the order staying proceedings is a final judgment within the meaning of the Supreme and Exchequer Courts Act
  2. 2 Whether an appeal lies from an order made in the exercise of judicial discretion under s.27 of the Act
  3. 3 Effect of English bankruptcy proceedings and elections to prove on parallel proceedings in Canada

Ratio Decidendi

The order staying proceedings was not a final judgment within the meaning of the statute and therefore not appealable to the Supreme Court; further, even if it were considered final, it was made in the exercise of judicial discretion and section 27 of the Act precludes appeal — accordingly the appeal was quashed.

Court Disposition

Appeal quashed with costs

Orders

  • Appeal quashed with costs