Hébert v. School Commissioners of St-Félicien

Hébert v. School Commissioners of St-Félicien

The commissioners were authorized by R.S.Q. ss.2635 and 2723 to purchase the hotel property for school purposes without prior sanction of the Lieutenant Governor in Council; a sale at credit is not a loan requiring separate authorization; the appropriate remedy to contest such a decision was an appeal to the Circuit Court under the school statutes rather than an action in the Superior Court under Art.50 C.C.P.; accordingly the appeal was dismissed with costs.

Citation
(1921) 62 SCR 174
Parties
Appellants: Antoine Hébert and others; Respondents: School Commissioners of St-Félicien
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 June 1921
Procedural Posture
Appeal to Supreme Court of Canada / On Appeal From Court of King's Bench (quebec), Appeal Side; Judgment on Merits by Supreme Court
Outcome
Appeal dismissed with costs
Legal Topics
School Commissioners Powers, Purchase of Property, Ultra Vires, Appeal Jurisdiction, Supervisory Power of Superior Court
Source Language
English
Education Law Municipal Law Administrative Law Civil Procedure School Commissioners Powers Purchase of Property Ultra Vires Appeal Jurisdiction +1 more

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Parties

Antoine Hébert and others

Appellants

School Commissioners of St-Félicien

Respondents

Procedural Posture

Appeal to Supreme Court of Canada / On Appeal From Court of King's Bench (quebec), Appeal Side; Judgment on Merits by Supreme Court

Legal Issues

  1. 1 Whether school commissioners could purchase a built property (hotel) for school purposes without sanction of the Lieutenant Governor in Council
  2. 2 Whether a sale at credit is in effect a loan requiring prior authorization
  3. 3 Whether the proper remedy to challenge the commissioners' resolution was an appeal to the Circuit Court under R.S.Q. s.2981 rather than an action in Superior Court under Art.50 C.C.P.

Ratio Decidendi

The commissioners were authorized by R.S.Q. ss.2635 and 2723 to purchase the hotel property for school purposes without prior sanction of the Lieutenant Governor in Council; a sale at credit is not a loan requiring separate authorization; the appropriate remedy to contest such a decision was an appeal to the Circuit Court under the school statutes rather than an action in the Superior Court under Art.50 C.C.P.; accordingly the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.