Brompton Pulp & Paper Co. v. Bureau

Brompton Pulp & Paper Co. v. Bureau

The appeal was quashed because the only substantive issue before the Supreme Court of Canada was the amount of damages which fell below the statutory threshold for appeals; furthermore the respondent failed to raise the jurisdictional objection by the motion required by the Rules, so the appeal was quashed without costs following precedent.

Citation
(1911) 45 SCR 292
Parties
Defendant/appellant: Brompton Pulp & Paper Company; Plaintiff/respondent: Narcisse Bureau
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 November 1911
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec
Outcome
Appeal quashed without costs.
Legal Topics
Servitude, Damages for Flooding, Demolition and Injunction, Practice Motion to Quash
Source Language
English
Property Law Tort Civil Procedure Appeal Jurisdiction Servitude Damages for Flooding Demolition and Injunction Practice Motion to Quash

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Parties

Brompton Pulp & Paper Company

Defendant/appellant

Narcisse Bureau

Plaintiff/respondent

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether the Supreme Court of Canada had jurisdiction to hear an appeal where the only issue is damages assessed below the statutory appeal limit
  2. 2 Whether the form of the action (negatoria servitutis) involved an interest in real property sufficient to confer appellate jurisdiction
  3. 3 Whether the respondent's objection to jurisdiction was properly before the court where it was raised in a factum rather than by motion as required by the Rules

Ratio Decidendi

The appeal was quashed because the only substantive issue before the Supreme Court of Canada was the amount of damages which fell below the statutory threshold for appeals; furthermore the respondent failed to raise the jurisdictional objection by the motion required by the Rules, so the appeal was quashed without costs following precedent.

Court Disposition

Appeal quashed without costs.

Orders

  • Appeal quashed without costs