Vernon v. Oliver

Vernon v. Oliver

The court held it had no jurisdiction to amend an arbitration award by making a new award for the parties, but under the prayer for general relief the plaintiffs were entitled to have the award set aside because the arbitrators omitted a required finding and entertained matters beyond the submission; additionally the plaintiffs' scandalous factum was properly struck from the files.

Citation
(1885) 11 SCR 156
Parties
Plaintiff/appellant: Gideon Vernon; Plaintiff/appellant: Mary E. Vernon; Defendant/respondent: Warren Oliver
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 June 1885
Procedural Posture
Equity Bill to Rectify/set Aside Arbitration Award / Appeal to the Supreme Court of Canada (final Judgment)
Outcome
Appeal allowed without costs; arbitration award set aside; plaintiffs' factum struck from the files; no costs to either party on appeal and no costs to plaintiffs in the court below.
Legal Topics
Setting Aside Arbitration Award, Rectification of Submissions/awards, Jurisdiction of Equity Courts, Costs, Striking Scandalous Pleadings/facta
Source Language
English
Arbitration Equity Civil Procedure Setting Aside Arbitration Award Rectification of Submissions/awards Jurisdiction of Equity Courts Costs Striking Scandalous Pleadings/facta

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Parties

Gideon Vernon

Plaintiff/appellant

Mary E. Vernon

Plaintiff/appellant

Warren Oliver

Defendant/respondent

Procedural Posture

Equity Bill to Rectify/set Aside Arbitration Award / Appeal to the Supreme Court of Canada (final Judgment)

Legal Issues

  1. 1 Whether a court of equity can amend an arbitration award by making a new award
  2. 2 Whether arbitral consideration of matters outside the submission vitiates the award
  3. 3 Whether prayer for general relief permits setting aside of an award as alternative relief

Ratio Decidendi

The court held it had no jurisdiction to amend an arbitration award by making a new award for the parties, but under the prayer for general relief the plaintiffs were entitled to have the award set aside because the arbitrators omitted a required finding and entertained matters beyond the submission; additionally the plaintiffs' scandalous factum was properly struck from the files.

Court Disposition

Appeal allowed without costs; arbitration award set aside; plaintiffs' factum struck from the files; no costs to either party on appeal and no costs to plaintiffs in the court below.

Orders

  • Arbitration award set aside (decree issued by Court of Equity, Supreme Court of New Brunswick)
  • Plaintiffs' factum struck from the files and records as scandalous and impertinent