Bradshaw v. Foreign Mission Board

Bradshaw v. Foreign Mission Board

The phrase 'the judge before whom the trial was had' in 53 Vic. c.4 s.85 refers to the judge exercising the same office and jurisdiction (the judge in equity), not necessarily the same natural person; therefore the successor equity judge has jurisdiction to hear an application for a new trial.

Citation
(1895) 24 SCR 351
Parties
Plaintiff/appellant: Elizabeth Ann Bradshaw, Administratrix of the Estate of Jacob Bradshaw, deceased; Defendant/respondent: The Foreign Mission Board of The Baptist Convention of The Maritime Provinces
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 May 1895
Procedural Posture
Equity Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick
Outcome
Appeal allowed; decision of the Supreme Court of New Brunswick reversed; successor equity judge has jurisdiction to hear the motion for a new trial.
Legal Topics
New Trial, Construction of Statute, Jurisdiction of Successor Judge, Persona Designata
Source Language
English
Civil Procedure Equity Statutory Interpretation New Trial Construction of Statute Jurisdiction of Successor Judge Persona Designata

Case Brief

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Parties

Elizabeth Ann Bradshaw, Administratrix of the Estate of Jacob Bradshaw, deceased

Plaintiff/appellant

The Foreign Mission Board of The Baptist Convention of The Maritime Provinces

Defendant/respondent

Procedural Posture

Equity Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick

Legal Issues

  1. 1 Whether an application for a new trial under 53 Vic. c.4 s.85 must be made to the specific natural person judge who tried the case or may be made to a judge exercising the same jurisdiction (successor judge)
  2. 2 Whether the phrase 'the judge before whom the trial was had' is a persona designata or denotes the office/jurisdiction

Ratio Decidendi

The phrase 'the judge before whom the trial was had' in 53 Vic. c.4 s.85 refers to the judge exercising the same office and jurisdiction (the judge in equity), not necessarily the same natural person; therefore the successor equity judge has jurisdiction to hear an application for a new trial.

Court Disposition

Appeal allowed; decision of the Supreme Court of New Brunswick reversed; successor equity judge has jurisdiction to hear the motion for a new trial.

Orders

  • Appeal allowed with costs.
  • Cause remitted to the equity judge (Mr. Justice Barker) with a declaration that he has jurisdiction to hear the application for a new trial.