Roy and Attorney-General of Alberta v. Plourde

Roy and Attorney-General of Alberta v. Plourde

Section 2, excluding clause (iii), is a valid exercise of provincial legislative power over property and civil rights and procedure; clause (iii) is severable and, since the Debt Adjustment Act, 1937 was finally held ultra vires, clause (iii) has no effect; therefore s.2 is not ultra vires and the appeal is allowed.

Citation
[1943] SCR 262
Parties
Appellant / Defendant: Frank Roy; Appellant / Defendant: Attorney-General of the Province of Alberta; Respondent / Plaintiff: Flavius Plourde
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 April 1943
Procedural Posture
Appeal to Supreme Court of Canada (constitutional Challenge to Provincial Statute) / On Appeal From the Supreme Court of Alberta, Appellate Division
Outcome
Appeal allowed; judgment of the Supreme Court of Alberta, Appellate Division, reversed in part.
Legal Topics
Legislative Competence, Provincial Powers, Mortgage Foreclosure, Specific Performance, Severability, Colourable Legislation, Redemption Period
Source Language
English
Constitutional Law Property Law Civil Procedure Legislative Competence Provincial Powers Mortgage Foreclosure Specific Performance Severability +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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Frank Roy

Appellant / Defendant

Attorney-General of the Province of Alberta

Appellant / Defendant

Flavius Plourde

Respondent / Plaintiff

Procedural Posture

Appeal to Supreme Court of Canada (constitutional Challenge to Provincial Statute) / On Appeal From the Supreme Court of Alberta, Appellate Division

Legal Issues

  1. 1 Whether s.2 of The Judicature Act Amendment Act, 1942 (Alta., c.37) is within provincial legislative competence
  2. 2 Whether clause (iii) of s.2 renders the enactment colourable and therefore ultra vires
  3. 3 Whether clause (iii) is severable from the remainder of s.2

Ratio Decidendi

Section 2, excluding clause (iii), is a valid exercise of provincial legislative power over property and civil rights and procedure; clause (iii) is severable and, since the Debt Adjustment Act, 1937 was finally held ultra vires, clause (iii) has no effect; therefore s.2 is not ultra vires and the appeal is allowed.

Court Disposition

Appeal allowed; judgment of the Supreme Court of Alberta, Appellate Division, reversed in part.

Orders

  • Appeal allowed.
  • Order of the court below amended to provide a new date for performance; courts may consider time consumed in proceedings when fixing the new date.