Oatway v. The Canadian Wheat Board

Oatway v. The Canadian Wheat Board

The appeal was quashed and dismissed because Orders in Council enacted under the War Measures Act validly fixed and limited distributions in respect of the relevant crop years, thereby removing the substratum of the appellant's claim and leaving no live issue between the parties; accordingly the appeal was academic and manifestly devoid of merit and substance and should not be heard by this Court.

Citation
[1945] SCR 204
Parties
Appellant/plaintiff: Arthur Henry Oatway; Respondent/defendant: The Canadian Wheat Board
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 February 1945
Procedural Posture
Appeal to Supreme Court of Canada / Motion to Quash and Dismiss Appeal Heard on Basis That Orders in Council Removed the Substratum of the Claim; Appeal Dismissed
Outcome
Motion allowed; appeal dismissed.
Legal Topics
Orders in Council, War Measures Act, Justiciability and Mootness, Suing Crown/emanation of the Crown, Jurisdiction of Provincial Courts Vs Exchequer Court, Accounting and Distribution Under Statutory Scheme, Motion to Quash Appeals
Source Language
English
Administrative Law Constitutional Law Public Law Civil Procedure Appeals Statutory Interpretation Orders in Council War Measures Act +5 more

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Parties

Arthur Henry Oatway

Appellant/plaintiff

The Canadian Wheat Board

Respondent/defendant

Procedural Posture

Appeal to Supreme Court of Canada / Motion to Quash and Dismiss Appeal Heard on Basis That Orders in Council Removed the Substratum of the Claim; Appeal Dismissed

Legal Issues

  1. 1 Whether the appeal is justiciable or is academic/moot because Orders in Council dispose of the dispute
  2. 2 Whether the Court should quash an appeal that is manifestly devoid of merit and substance
  3. 3 Whether Orders in Council under the War Measures Act have the force of law and can determine distribution rights

Ratio Decidendi

The appeal was quashed and dismissed because Orders in Council enacted under the War Measures Act validly fixed and limited distributions in respect of the relevant crop years, thereby removing the substratum of the appellant's claim and leaving no live issue between the parties; accordingly the appeal was academic and manifestly devoid of merit and substance and should not be heard by this Court.

Court Disposition

Motion allowed; appeal dismissed.

Orders

  • Motion to quash and dismiss the appeal allowed.
  • Appeal dismissed.