Leslie v. Canadian Credit Corp. Ltd.

The appeal was quashed because the order appealed from was not a final judgment and concerned practice and procedure; accordingly the Supreme Court lacked jurisdiction to hear the appeal.

Citation: [1928] SCR 238
Parties: Plaintiff/appellant: Leslie; Defendant/respondent: Canadian Credit Corporation, Limited
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 7 February 1928
Procedural Posture: Appeal / Motion to Quash Appeal Before Supreme Court of Canada
Outcome: Motion to quash appeal granted for want of jurisdiction; motion granted with costs.
Legal Topics: Final Judgment, Jurisdiction, Reference to Master, Costs
Source Language: English

Appeal Practice and Procedure Civil Procedure Contract Final Judgment Jurisdiction Reference to Master Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Leslie

Plaintiff/appellant

Canadian Credit Corporation, Limited

Defendant/respondent

Procedural Posture

Appeal / Motion to Quash Appeal Before Supreme Court of Canada

Legal Issues

1 Whether the Supreme Court of Canada has jurisdiction to hear an appeal from a non‑final judgment
2 Whether an order referring issues to a Master constitutes a final judgment for purposes of appeal
3 Whether matters of practice and procedure are appealable to this Court

Ratio Decidendi

The appeal was quashed because the order appealed from was not a final judgment and concerned practice and procedure; accordingly the Supreme Court lacked jurisdiction to hear the appeal.

Court Disposition

Motion to quash appeal granted for want of jurisdiction; motion granted with costs.

Orders

Motion to quash the appeal granted
Costs awarded to respondent