Beauchemin v. Armstong

Beauchemin v. Armstong

Because the appellant's interest in the appeal was limited to the $631 costs awarded against him, which is below the $2,000 threshold in s.29(4) of the Supreme Court Act, the Supreme Court lacked jurisdiction and the appeal was quashed.

Citation
(1904) 34 SCR 285
Parties
Appellant / Defendant: Hyacinthe Beauchemin; Respondent / Plaintiff: Charles N. Armstrong
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 February 1904
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada From Court of King's Bench (quebec); Jurisdictional Challenge Under S.29(4) of the Supreme Court Act
Outcome
Appeal quashed with costs.
Legal Topics
Jurisdictional Monetary Threshold, Supreme Court Act S.29(4), Costs Allocation on Appeal, Appeal Quash for Want of Jurisdiction
Source Language
English
Appeal Civil Procedure Jurisdiction Costs Jurisdictional Monetary Threshold Supreme Court Act S.29(4) Costs Allocation on Appeal Appeal Quash for Want of Jurisdiction

Case Brief

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Parties

Hyacinthe Beauchemin

Appellant / Defendant

Charles N. Armstrong

Respondent / Plaintiff

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada From Court of King's Bench (quebec); Jurisdictional Challenge Under S.29(4) of the Supreme Court Act

Legal Issues

  1. 1 Whether appellant had jurisdiction to appeal to the Supreme Court of Canada given the portion of costs awarded against him amounted to $631, below the $2,000 threshold in s.29(4)
  2. 2 Whether the original amount claimed ($2,217) controls the jurisdictional threshold or the appellant's actual interest in the appeal controls

Ratio Decidendi

Because the appellant's interest in the appeal was limited to the $631 costs awarded against him, which is below the $2,000 threshold in s.29(4) of the Supreme Court Act, the Supreme Court lacked jurisdiction and the appeal was quashed.

Court Disposition

Appeal quashed with costs.

Orders

  • Appeal quashed with costs.