A.G. for Ontario v. Scott

A.G. for Ontario v. Scott

The Reciprocal Enforcement of Maintenance Orders Act R.S.O. 1950 c.334 is intra vires the provincial legislature: ss.4 and 5 constitute a lawful adoption (not unlawful delegation) of foreign procedures/substantive rules for local enforcement, fall within provincial heads of power under BNA Act s.92 (notably heads...

Source-derived case information.

Citation
[1956] SCR 137
Parties
Plaintiff Appellant: Attorney General for Ontario; Defendant Respondent: John Lewis Scott; Intervenor: Attorney General for Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 December 1955
Procedural Posture
Constitutional Law Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal allowed; order of prohibition set aside; judgment of trial court dismissing prohibition restored
Legal Topics
Provincial Legislative Power Under BNA Act S.92, Reciprocal Enforcement of Maintenance Orders, Ultra Vires Challenge, Delegation Versus Adoption of Foreign Law, Jurisdiction of Provincial Inferior Courts (s.96 Issue), International Comity, Currency Conversion in Maintenance Orders
Source Language
english
Constitutional Law Family Law Private International Law Civil Procedure Provincial Legislative Power Under BNA Act S.92 Reciprocal Enforcement of Maintenance Orders Ultra Vires Challenge Delegation Versus Adoption of Foreign Law +3 more

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Parties

Attorney General for Ontario

Plaintiff Appellant

John Lewis Scott

Defendant Respondent

Attorney General for Canada

Intervenor

Procedural Posture

Constitutional Law Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether ss.4 and 5 of the Reciprocal Enforcement of Maintenance Orders Act R.S.O. 1950 c.334 are intra vires the provincial legislature
  2. 2 Whether s.5 effects an impermissible delegation of legislative power to foreign legislatures or merely an adoption of foreign law
  3. 3 Whether provincial inferior courts may lawfully act to 'confirm' or enforce provisional maintenance orders initiated in another jurisdiction

Ratio Decidendi

The Reciprocal Enforcement of Maintenance Orders Act R.S.O. 1950 c.334 is intra vires the provincial legislature: ss.4 and 5 constitute a lawful adoption (not unlawful delegation) of foreign procedures/substantive rules for local enforcement, fall within provincial heads of power under BNA Act s.92 (notably heads 13, 14 and 16), do not amount to a treaty, and provincial inferior courts are competent to make original maintenance orders based on foreign initiating proceedings; currency modification is permissible.

Court Disposition

Appeal allowed; order of prohibition set aside; judgment of trial court dismissing prohibition restored

Orders

  • Appeal allowed
  • Order of prohibition vacated and dismissal of application for prohibition restored