Canada Wood Specialty Co. v. Moritz

Canada Wood Specialty Co. v. Moritz

The appeal was dismissed because the primary ground for recovery — that the goods were of a special kind not procurable elsewhere — was established, supporting the respondent's damages claim and vindicating enforcement of the English judgment and related remedies in Ontario.

Citation
(1908) 42 SCR 237
Parties
Appellant (defendant): Canada Wood Specialty Co.; Respondent (plaintiff): Moritz
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 November 1908
Procedural Posture
Contract / Appeal to Supreme Court of Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Place of Performance, Breach of Contract, Foreign Judgment, Special Damages
Source Language
English
Contract Conflict of Laws Judgment Enforcement Place of Performance Breach of Contract Foreign Judgment Special Damages

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Parties

Canada Wood Specialty Co.

Appellant (defendant)

Moritz

Respondent (plaintiff)

Procedural Posture

Contract / Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether the place of performance in London barred recovery in Ontario or required English proceedings only
  2. 2 Whether the foreign (English) judgment could be relied on or enforced in Ontario
  3. 3 Whether the goods were of a special kind such that substitutes were not available and special damages were recoverable

Ratio Decidendi

The appeal was dismissed because the primary ground for recovery — that the goods were of a special kind not procurable elsewhere — was established, supporting the respondent's damages claim and vindicating enforcement of the English judgment and related remedies in Ontario.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.