City of Toronto v. Thompson

City of Toronto v. Thompson

The Appellate Division's order was not a 'final judgment' within s.2(b) because it did not determine substantive rights but left all rights open by remitting the matter for reconsideration; therefore the Supreme Court of Canada lacked jurisdiction and the appeal was quashed.

Citation
[1930] SCR 120
Parties
Appellant (lessor): Corporation of the City of Toronto; Respondents (lessees): Florence Marion Thompson, et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 November 1929
Procedural Posture
Appeal to Supreme Court of Canada From Appellate Division Decision in Arbitration Matter / Special Leave Granted; Appeal Heard on Jurisdictional Question and Merits; Oral Judgment Quashing Appeal for Want of Jurisdiction
Outcome
Appeal quashed for want of jurisdiction
Legal Topics
Final Judgment, Supreme Court Act Ss.2(b) and 36, Remittal for Reconsideration, Appealability of Interlocutory/remittal Orders
Source Language
English
Arbitration Municipal Law Appellate Procedure Civil Procedure Jurisdiction Final Judgment Supreme Court Act Ss.2(b) and 36 Remittal for Reconsideration +1 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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Corporation of the City of Toronto

Appellant (lessor)

Florence Marion Thompson, et al.

Respondents (lessees)

Procedural Posture

Appeal to Supreme Court of Canada From Appellate Division Decision in Arbitration Matter / Special Leave Granted; Appeal Heard on Jurisdictional Question and Merits; Oral Judgment Quashing Appeal for Want of Jurisdiction

Legal Issues

  1. 1 Whether the Appellate Division judgment setting aside arbitrator's awards and remitting the matter for reconsideration is a 'final judgment' under s.2(b) of the Supreme Court Act
  2. 2 Whether the Supreme Court of Canada has jurisdiction to entertain an appeal from that judgment under s.36 of the Supreme Court Act
  3. 3 Whether remitting the matter with liberty to supplement evidence constitutes determination of substantive rights

Ratio Decidendi

The Appellate Division's order was not a 'final judgment' within s.2(b) because it did not determine substantive rights but left all rights open by remitting the matter for reconsideration; therefore the Supreme Court of Canada lacked jurisdiction and the appeal was quashed.

Court Disposition

Appeal quashed for want of jurisdiction

Orders

  • Appeal quashed