Surveyer et al. v. H.G. Acres and Co. Ltd.

Surveyer et al. v. H.G. Acres and Co. Ltd.

Even assuming art. 292 C.C.P. could be read to permit joinder of actions between different parties, the exercise of discretion in this case was inappropriate and the motion to join the indemnity action with the three damage actions should have been dismissed; appeal dismissed with costs.

Citation
[1961] SCR 575
Parties
Plaintiff/appellant: Arthur Surveyer; Plaintiff/appellant: Emile Nenniger; Plaintiff/appellant: George Chenevert; Defendant/respondent: H. G. Acres & Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 June 1961
Procedural Posture
Civil Appeal (interlocutory) / Appeal From Interlocutory Judgment Under Art. 292 C.c.p.; Leave to Appeal Granted Under S.41 Supreme Court Act
Outcome
Appeal dismissed with costs.
Legal Topics
Joinder of Actions, Interlocutory Orders, Indemnity, Negligence, Code of Civil Procedure Arts. 291 292
Source Language
English
Civil Procedure Contract Tort Joinder of Actions Interlocutory Orders Indemnity Negligence Code of Civil Procedure Arts. 291 292

Case Brief

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Parties

Arthur Surveyer

Plaintiff/appellant

Emile Nenniger

Plaintiff/appellant

George Chenevert

Plaintiff/appellant

H. G. Acres & Company Limited

Defendant/respondent

Procedural Posture

Civil Appeal (interlocutory) / Appeal From Interlocutory Judgment Under Art. 292 C.c.p.; Leave to Appeal Granted Under S.41 Supreme Court Act

Legal Issues

  1. 1 Whether under art. 292 C.C.P. the court has authority to join for trial actions in which the parties are not the same
  2. 2 If such authority exists, whether the court should exercise its discretion to join the indemnity action with the three damage actions

Ratio Decidendi

Even assuming art. 292 C.C.P. could be read to permit joinder of actions between different parties, the exercise of discretion in this case was inappropriate and the motion to join the indemnity action with the three damage actions should have been dismissed; appeal dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Motion to join the indemnity action with the three damage actions dismissed.