Kildonan Investments Co. v. Thompson

Kildonan Investments Co. v. Thompson

An order of revivor under s.130 restores the company to its legal position as if the revocation had not occurred, so the company retained capacity for the appeal and acts of its agents during the interregnum could be treated as ratifiable; on the merits the company was liable for its agents' fraudulent misrepresentations and the appeal is dismissed with costs.

Citation
(1917) 55 SCR 272
Parties
Appellant/plaintiff: Kildonan Investments Limited; Respondents/defendants: Jno. Thompson and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 February 1917
Procedural Posture
Appeal / Appeal to Supreme Court of Canada; Motion to Quash and Merits Heard
Outcome
Motion to quash dismissed without costs; appeal dismissed with costs.
Legal Topics
Revocation of Letters Patent, Revival of Charter, Jurisdiction to Appeal, Agency and Vicarious Liability, Misrepresentation
Source Language
English
Company Law Civil Procedure Appeal Agency Law Fraud Revocation of Letters Patent Revival of Charter Jurisdiction to Appeal +2 more

Case Brief

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Parties

Kildonan Investments Limited

Appellant/plaintiff

Jno. Thompson and Others

Respondents/defendants

Procedural Posture

Appeal / Appeal to Supreme Court of Canada; Motion to Quash and Merits Heard

Legal Issues

  1. 1 Whether an appeal is competent when a provincial company's letters patent were revoked before the appeal was allowed and subsequently revived
  2. 2 Whether a revivor order under provincial statute restores the company's legal capacity retroactively including validating acts done during the interregnum
  3. 3 Whether acts of officers or agents during the revocation period can be treated as acts of the company and ratified

Ratio Decidendi

An order of revivor under s.130 restores the company to its legal position as if the revocation had not occurred, so the company retained capacity for the appeal and acts of its agents during the interregnum could be treated as ratifiable; on the merits the company was liable for its agents' fraudulent misrepresentations and the appeal is dismissed with costs.

Court Disposition

Motion to quash dismissed without costs; appeal dismissed with costs.

Orders

  • Motion to quash dismissed without costs.
  • Appeal dismissed with costs.