Kelly v. Sulivan

Kelly v. Sulivan

This Court has jurisdiction to hear the appeal directly because no functioning Court of Error or Appeal constituted by Governor-in-Council existed in Prince Edward Island; the Land Purchase Act, 1875 s.45 clearly made Commissioners' awards final and provided the exclusive remedy (remission to Commissioners within thirty days), and because no manifest excess of jurisdiction or fraud was shown, the Supreme Court of Prince Edward Island erred in quashing the award; the proper statutory remedy had not been pursued within the prescribed time and the award must stand.

Citation
(1877) 1 SCR 3
Parties
Appellant; Commissioner of Public Lands, Prince Edward Island: Francis Kelly; Respondent; Proprietor: Charlotte Antonia Sulivan
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 January 1877
Procedural Posture
Civil Appeal (judicial Review of Statutory Award) / Appeal to Supreme Court of Canada From Supreme Court of Prince Edward Island
Outcome
Appeal allowed with costs; judgment of Supreme Court of Prince Edward Island quashing the award reversed.
Legal Topics
Land Purchase Act Statutory Scheme, Finality and Privative Clauses, Remission of Awards, Jurisdiction of Governor in Council Vs. Courts, Certiorari and Excess of Jurisdiction, Statutory Interpretation
Source Language
English
Administrative Law Property Law Civil Procedure Constitutional/colonial Jurisdiction Land Purchase Act Statutory Scheme Finality and Privative Clauses Remission of Awards Jurisdiction of Governor in Council Vs. Courts +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Francis Kelly

Appellant; Commissioner of Public Lands, Prince Edward Island

Charlotte Antonia Sulivan

Respondent; Proprietor

Procedural Posture

Civil Appeal (judicial Review of Statutory Award) / Appeal to Supreme Court of Canada From Supreme Court of Prince Edward Island

Legal Issues

  1. 1 Whether an appeal lay direct from the Supreme Court of Prince Edward Island to the Supreme Court of Canada or first to a Governor-in-Council Court of Error and Appeal
  2. 2 Whether the Governor-in-Council had ever constituted a Court of Error and Appeal in Prince Edward Island
  3. 3 Whether the Supreme Court of Prince Edward Island had jurisdiction to quash the Commissioners' award notwithstanding the privative clause in s.45 of the Land Purchase Act, 1875

Ratio Decidendi

This Court has jurisdiction to hear the appeal directly because no functioning Court of Error or Appeal constituted by Governor-in-Council existed in Prince Edward Island; the Land Purchase Act, 1875 s.45 clearly made Commissioners' awards final and provided the exclusive remedy (remission to Commissioners within thirty days), and because no manifest excess of jurisdiction or fraud was shown, the Supreme Court of Prince Edward Island erred in quashing the award; the proper statutory remedy had not been pursued within the prescribed time and the award must stand.

Court Disposition

Appeal allowed with costs; judgment of Supreme Court of Prince Edward Island quashing the award reversed.

Orders

  • Appeal allowed
  • Judgment and order of the Supreme Court of Prince Edward Island quashing the Commissioners' award set aside