Hull Electric Co. v. Clement

Hull Electric Co. v. Clement

The Court held that a reduction of damages by the Superior Court sitting in review is a confirmation pro tanto of the original Superior Court judgment within the meaning of article 43 C.P.Q.; therefore the appeal to the Court of King's Bench was incompetent and there is no appeal to the Supreme Court of Canada from...

Source-derived case information.

Citation
(1909) 41 SCR 419
Parties
Defendant Appellant: Hull Electric Co.; Plaintiff Respondent: Pierre Clement
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 March 1909
Procedural Posture
Appeal / On Appeal From the Court of King's Bench, Appeal Side, Province of Quebec to the Supreme Court of Canada
Outcome
Application refused with costs.
Legal Topics
Jurisdiction, Court of Review, Reduction of Damages, Confirmation of Judgment, Right of Appeal, Quebec Code of Civil Procedure Article 43
Source Language
english
Civil Procedure Appeal Tort (personal Injury) Jurisdiction Court of Review Reduction of Damages Confirmation of Judgment Right of Appeal +1 more

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Parties

Hull Electric Co.

Defendant Appellant

Pierre Clement

Plaintiff Respondent

Procedural Posture

Appeal / On Appeal From the Court of King's Bench, Appeal Side, Province of Quebec to the Supreme Court of Canada

Legal Issues

  1. 1 Whether a judgment of the Superior Court, sitting in review, that reduces damages is a confirmation pro tanto of the original Superior Court judgment within the meaning of article 43 C.P.Q.
  2. 2 Whether an appeal lies to the Supreme Court of Canada from the Court of King's Bench where that court quashed an appeal from the Court of Review for want of jurisdiction

Ratio Decidendi

The Court held that a reduction of damages by the Superior Court sitting in review is a confirmation pro tanto of the original Superior Court judgment within the meaning of article 43 C.P.Q.; therefore the appeal to the Court of King's Bench was incompetent and there is no appeal to the Supreme Court of Canada from that quashing decision — appellants should have appealed directly from the Court of Review to the Supreme Court of Canada.

Court Disposition

Application refused with costs.

Orders

  • Application refused with costs.