Dumont Express Ltd. v. Kleinberg

Dumont Express Ltd. v. Kleinberg

The Court held the plaintiff was entitled to a jury trial even in an ex parte proceeding; the application to place the cause on the special roll for jury trial must be made within ten days after inscription whether the issue is joined or the cause proceeds ex parte; an inscription using 'audition' alone satisfies...

Source-derived case information.

Citation
[1960] SCR 617
Parties
Defendant/appellant: Dumont Express Ltd.; Defendant/appellant: Raphael Guillemette; Plaintiff/respondent: Dame Beatrice Rekosh Kleinberg
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 June 1960
Procedural Posture
Civil (tort Wrongful Death; Procedural Issue Re: Jury Trial) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Jury Trial, Ex Parte Inscription, Code of Civil Procedure Interpretation, Procedural Time Limits
Source Language
english
Civil Procedure Tort Law Jury Trial Law Jury Trial Ex Parte Inscription Code of Civil Procedure Interpretation Procedural Time Limits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dumont Express Ltd.

Defendant/appellant

Raphael Guillemette

Defendant/appellant

Dame Beatrice Rekosh Kleinberg

Plaintiff/respondent

Procedural Posture

Civil (tort Wrongful Death; Procedural Issue Re: Jury Trial) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether plaintiff is entitled to a jury trial in an ex parte case
  2. 2 Whether an inscription using the word 'audition' alone satisfies art. 423 C.P.
  3. 3 Whether the application to place a cause on the special roll for jury trial must be made within ten days following the inscription even if pleadings have not been filed

Ratio Decidendi

The Court held the plaintiff was entitled to a jury trial even in an ex parte proceeding; the application to place the cause on the special roll for jury trial must be made within ten days after inscription whether the issue is joined or the cause proceeds ex parte; an inscription using 'audition' alone satisfies art. 423; and the Code does not require prior filing of pleadings for the jury-roll application.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs