O'Donohoe v. Bourne

O'Donohoe v. Bourne

The appeal was quashed because the refusal to set aside a default judgment and refuse leave to defend is a discretionary order and falls within s.27 of the Supreme and Exchequer Courts Acts prohibiting appeals in matters of discretion; consequently this Court lacked jurisdiction to entertain the appeal.

Citation
(1897) 27 SCR 654
Parties
Plaintiff/respondent: C.E. Bourne and Another; Defendant/appellant: John O’Donohoe
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 October 1897
Procedural Posture
Appeal to Supreme Court of Canada / Motion to Quash Appeal From Court of Appeal Decision Refusing to Set Aside Default Judgment
Outcome
Appeal quashed with costs.
Legal Topics
Setting Aside Default Judgment, Final Judgment, Appealability, Discretionary Orders, Jurisdiction of Supreme Court
Source Language
English
Appeal Civil Procedure Judicial Discretion Setting Aside Default Judgment Final Judgment Appealability Discretionary Orders Jurisdiction of Supreme Court

Case Brief

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Parties

C.E. Bourne and Another

Plaintiff/respondent

John O’Donohoe

Defendant/appellant

Procedural Posture

Appeal to Supreme Court of Canada / Motion to Quash Appeal From Court of Appeal Decision Refusing to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the master's and appellate courts' refusals to set aside a default judgment constitute a 'final judgment' under s.24(a) of the Supreme and Exchequer Courts Acts
  2. 2 Whether refusal to set aside a default judgment and to grant leave to defend is a discretionary order and therefore not appealable under s.27 of the Supreme and Exchequer Courts Acts

Ratio Decidendi

The appeal was quashed because the refusal to set aside a default judgment and refuse leave to defend is a discretionary order and falls within s.27 of the Supreme and Exchequer Courts Acts prohibiting appeals in matters of discretion; consequently this Court lacked jurisdiction to entertain the appeal.

Court Disposition

Appeal quashed with costs.

Orders

  • Appeal quashed with costs