Faucher v. La Compagnie du St. Louis

Faucher v. La Compagnie du St. Louis

The appeal was quashed because the impugned judgment merely refused an interlocutory injunction, did not determine any substantive right in controversy, and was an exercise of discretion; consequently it was not a "final judgment" within s.2 of the Supreme Court Act and is non‑appealable under s.38.

Source-derived case information.

Citation
(1922) 63 SCR 580
Parties
Appellant / Plaintiff: Dame G. Grace Faucher; Respondent / Defendant: La Compagnie Du St.-Louis
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 March 1922
Procedural Posture
Appeal From Court of King's Bench (quebec) Concerning Refusal of Interlocutory Injunction / Motion to Quash for Want of Jurisdiction on Appeal to Supreme Court of Canada
Outcome
Motion to quash granted; appeal dismissed for lack of jurisdiction.
Legal Topics
Interlocutory Injunction, Final Judgment, Discretionary Orders, Quebec Civil Procedure
Source Language
english
Civil Procedure Appeal Injunctions Jurisdiction Interlocutory Injunction Final Judgment Discretionary Orders Quebec Civil Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Dame G. Grace Faucher

Appellant / Plaintiff

La Compagnie Du St.-Louis

Respondent / Defendant

Procedural Posture

Appeal From Court of King's Bench (quebec) Concerning Refusal of Interlocutory Injunction / Motion to Quash for Want of Jurisdiction on Appeal to Supreme Court of Canada

  1. 1 Whether a judgment refusing an interlocutory injunction is a "final judgment" appealable to the Supreme Court of Canada under s.2 of the Supreme Court Act
  2. 2 Whether the Superior Court's refusal determined a substantive right of the plaintiff
  3. 3 Whether orders based on judicial discretion are appealable in light of s.38 of the Supreme Court Act

Ratio Decidendi

The appeal was quashed because the impugned judgment merely refused an interlocutory injunction, did not determine any substantive right in controversy, and was an exercise of discretion; consequently it was not a "final judgment" within s.2 of the Supreme Court Act and is non‑appealable under s.38.

Court Disposition

Motion to quash granted; appeal dismissed for lack of jurisdiction.

Orders

  • Appeal quashed for want of jurisdiction.
  • Motion to quash granted with costs to the respondent.