Kinghorn v. Larue

Kinghorn v. Larue

The appeal was quashed because the appellant's pecuniary interest on appeal was limited to the amount of his judgment (circa $1,129) and the actual proceeds of sale (circa $930), both below the statutory threshold for appeals; therefore the case was not appealable despite the larger sum claimed in the opposition.

Citation
(1893) 22 SCR 347
Parties
Appellant (plaintiff Contesting Opposition): G. M. Kinghorn; Respondent (opposant): A. Larue
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 October 1893
Procedural Posture
Civil Appeal From Court of Queen's Bench for Lower Canada (appeal Side) Concerning Opposition Afin De Conserver / Motion to Quash Appeal for Want of Jurisdiction; Appeal Heard and Quashed
Outcome
Appeal quashed with costs.
Legal Topics
Opposition Afin De Conserver, Right to Appeal, Pecuniary Interest Threshold, Proceeds of Execution Sale, Statutory Interpretation
Source Language
English
Civil Procedure Execution Appeal Jurisdiction Opposition Afin De Conserver Right to Appeal Pecuniary Interest Threshold Proceeds of Execution Sale Statutory Interpretation

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Parties

G. M. Kinghorn

Appellant (plaintiff Contesting Opposition)

A. Larue

Respondent (opposant)

Procedural Posture

Civil Appeal From Court of Queen's Bench for Lower Canada (appeal Side) Concerning Opposition Afin De Conserver / Motion to Quash Appeal for Want of Jurisdiction; Appeal Heard and Quashed

Legal Issues

  1. 1 Whether an appeal lies where the appellant's pecuniary interest is below the statutory threshold for appealability
  2. 2 Whether the fact that the opposition claimed a larger sum permits appeal when the appellant's own pecuniary interest is limited
  3. 3 Whether 54 & 55 Vict. c.25 applies to permit appeal despite appellant's limited pecuniary interest

Ratio Decidendi

The appeal was quashed because the appellant's pecuniary interest on appeal was limited to the amount of his judgment (circa $1,129) and the actual proceeds of sale (circa $930), both below the statutory threshold for appeals; therefore the case was not appealable despite the larger sum claimed in the opposition.

Court Disposition

Appeal quashed with costs.

Orders

  • Appeal quashed with costs.