Rutledge v. United States Savings & Loan Co.

Rutledge v. United States Savings & Loan Co.

The Yukon Ordinance ch.31 of 1890 plainly and unambiguously prescribes a six-year limitation for actions to recover simple contract debts and, read according to its terms, operates as an absolute bar to the present action because the cause of action (the foreign judgment entered 19 December 1894) arose more than six years before the Yukon action was commenced; the territorial enactment displaces the exceptions in earlier English statutes for the class of actions named.

Citation
(1906) 37 SCR 546
Parties
Appellant (defendant Below): James J. Rutledge; Respondent (plaintiff Below): The United States Savings and Loan Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 October 1906
Procedural Posture
Action to Enforce a Foreign Judgment (collection) / Appeal to the Supreme Court of Canada From the Territorial Court of Yukon (in Banco)
Outcome
Appeal allowed; action dismissed.
Legal Topics
Limitation of Actions, Enforcement of Foreign Judgment, Accrual of Cause of Action, Statute of James, Statute of Anne, Yukon Ordinance Ch.31 of 1890
Source Language
English
Contract Limitations of Actions Conflict of Laws Civil Procedure Limitation of Actions Enforcement of Foreign Judgment Accrual of Cause of Action Statute of James +2 more

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Parties

James J. Rutledge

Appellant (defendant Below)

The United States Savings and Loan Company

Respondent (plaintiff Below)

Procedural Posture

Action to Enforce a Foreign Judgment (collection) / Appeal to the Supreme Court of Canada From the Territorial Court of Yukon (in Banco)

Legal Issues

  1. 1 Whether the Yukon Ordinance ch.31 of 1890 bars recovery of simple contract debts after six years regardless of the debtor's absence from the territory
  2. 2 Whether the cause of action for enforcing a foreign judgment accrues at the date of the foreign judgment or only when the judgment-debtor comes within the jurisdiction of the forum
  3. 3 Interaction between the Statute of James and the Statute of Anne and whether the territorial ordinance displaced the Statute of Anne exception

Ratio Decidendi

The Yukon Ordinance ch.31 of 1890 plainly and unambiguously prescribes a six-year limitation for actions to recover simple contract debts and, read according to its terms, operates as an absolute bar to the present action because the cause of action (the foreign judgment entered 19 December 1894) arose more than six years before the Yukon action was commenced; the territorial enactment displaces the exceptions in earlier English statutes for the class of actions named.

Court Disposition

Appeal allowed; action dismissed.

Orders

  • Appeal allowed with costs; action dismissed with costs to the appellants in this Court and in the courts below.