Rutledge v. United States Savings & Loan Co.

Rutledge v. United States Savings & Loan Co.

Because the record did not show what evidence or proceedings had been taken or whether they were reasonable or necessary in respect of the abandoned defences, the Supreme Court allowed the motion in part and referred the question of disposition of those costs to the learned trial judge for direction; the motion was allowed without costs.

Citation
(1906) 38 SCR 103
Parties
Appellant/defendant: James J. Rutledge; Respondent/plaintiff: The United States Savings and Loan Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 December 1906
Procedural Posture
Appeal From Territorial Court (collection/enforcement of Foreign Judgment) / Motion to Vary Minutes of Judgment After Allowance of Appeal; Referral to Trial Judge
Outcome
Motion allowed without costs; referral to the trial judge to determine and direct the disposition of costs relating to the abandoned defences and related proceedings.
Legal Topics
Revising Minutes of Judgment, Costs of Abandoned Defences, Reference to Trial Judge, Statute of Limitations, Jurisdiction
Source Language
English
Civil Procedure Costs Judgments and Enforcement Conflict of Laws Practice and Procedure Revising Minutes of Judgment Costs of Abandoned Defences Reference to Trial Judge +2 more

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Parties

James J. Rutledge

Appellant/defendant

The United States Savings and Loan Company

Respondent/plaintiff

Procedural Posture

Appeal From Territorial Court (collection/enforcement of Foreign Judgment) / Motion to Vary Minutes of Judgment After Allowance of Appeal; Referral to Trial Judge

Legal Issues

  1. 1 Whether the minutes of judgment could be varied to allow plaintiffs/respondents to set off costs incurred on defences abandoned at trial
  2. 2 Whether costs incurred by plaintiffs in relation to abandoned defences should be recoverable despite reversal on appeal
  3. 3 Whether the matter should be remitted to the trial judge for determination of those costs

Ratio Decidendi

Because the record did not show what evidence or proceedings had been taken or whether they were reasonable or necessary in respect of the abandoned defences, the Supreme Court allowed the motion in part and referred the question of disposition of those costs to the learned trial judge for direction; the motion was allowed without costs.

Court Disposition

Motion allowed without costs; referral to the trial judge to determine and direct the disposition of costs relating to the abandoned defences and related proceedings.

Orders

  • Refer to the learned trial judge to direct what disposition should be made of the costs of the evidence and proceedings taken in respect of paragraphs 2,3,4,5 and 6 of the statement of defence.
  • Motion allowed without costs.