Great West Saddlery Co v. Davidson

Great West Saddlery Co v. Davidson

Majority held the Manitoba licensing, registration and fee provisions are intra vires as valid provincial regulation and taxation measures applicable to extra‑provincial corporations including Dominion companies because they apply generally, secure revenue and administer civil rights and property within the province, and do not, on their face, vest discretion to deny Dominion companies a licence or otherwise destroy their corporate status or powers; provinces cannot, however, by discretionary refusals or conditions, deprive Dominion companies of status or fundamental powers (John Deere Plow Co. v. Wharton distinguished).

Citation
(1919) 59 SCR 45
Parties
Appellant / Defendant: Great West Saddlery Co.; Respondent / Plaintiff: George Davidson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 May 1919
Procedural Posture
Appeal — Constitutional Law (provincial Power Over Companies) / Final Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba
Outcome
Appeal dismissed with costs.
Legal Topics
Provincial Licensing of Corporations, Dominion Companies, Registration and Taxation, Mortmain / Real Estate Holdings, Right to Sue in Provincial Courts
Source Language
English
Constitutional Law Company Law Administrative Law Property Law Provincial Licensing of Corporations Dominion Companies Registration and Taxation Mortmain / Real Estate Holdings +1 more

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Parties

Great West Saddlery Co.

Appellant / Defendant

George Davidson

Respondent / Plaintiff

Procedural Posture

Appeal — Constitutional Law (provincial Power Over Companies) / Final Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba

Legal Issues

  1. 1 Whether Manitoba Companies Act Part IV licensing provisions as applied to Dominion corporations are intra vires the province
  2. 2 Whether provincial licence/registration and sanctions (penalties and incapacity to sue) unlawfully deprive a Dominion company of its status or powers
  3. 3 Whether the impugned provisions are a legitimate exercise of provincial taxation, administration of justice and control over civil rights

Ratio Decidendi

Majority held the Manitoba licensing, registration and fee provisions are intra vires as valid provincial regulation and taxation measures applicable to extra‑provincial corporations including Dominion companies because they apply generally, secure revenue and administer civil rights and property within the province, and do not, on their face, vest discretion to deny Dominion companies a licence or otherwise destroy their corporate status or powers; provinces cannot, however, by discretionary refusals or conditions, deprive Dominion companies of status or fundamental powers (John Deere Plow Co. v. Wharton distinguished).

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs