Union Investment Co. v. Wells

Union Investment Co. v. Wells

The court granted a conditional stay of execution, holding that a stay pending application to the Privy Council is permissible provided satisfactory security for the debt, interest and costs is put in to the satisfaction of the registrar and the applicants undertake to pursue the appeal by a specified date.

Citation
(1908) 41 SCR 244
Parties
Appellant (plaintiff): Union Investment Company; Respondent (defendant): Martin W. J. Wells and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 May 1908
Procedural Posture
Civil Appeal / Motion for Stay of Execution Pending Application for Leave to Appeal to the Judicial Committee of the Privy Council
Outcome
Stay of execution granted conditionally to allow security to be lodged to the satisfaction of the registrar for debt, interest and costs and on undertaking to apply to the Privy Council by a fixed date.
Legal Topics
Stay of Proceedings, Security for Debt Interest and Costs, Appeal to Privy Council, Rule 136 / General Order No. 85
Source Language
English
Civil Procedure Appeal Practice Stay of Proceedings Security for Debt Interest and Costs Appeal to Privy Council Rule 136 / General Order No. 85

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Parties

Union Investment Company

Appellant (plaintiff)

Martin W. J. Wells and Others

Respondent (defendant)

Procedural Posture

Civil Appeal / Motion for Stay of Execution Pending Application for Leave to Appeal to the Judicial Committee of the Privy Council

Legal Issues

  1. 1 Whether a stay of execution should be granted pending an application for leave to appeal to the Judicial Committee of the Privy Council
  2. 2 Whether satisfactory security must be given for debt, interest and costs as condition of stay
  3. 3 Whether rule 136 / General Order No. 85 affects the court's discretion to grant stays in such cases

Ratio Decidendi

The court granted a conditional stay of execution, holding that a stay pending application to the Privy Council is permissible provided satisfactory security for the debt, interest and costs is put in to the satisfaction of the registrar and the applicants undertake to pursue the appeal by a specified date.

Court Disposition

Stay of execution granted conditionally to allow security to be lodged to the satisfaction of the registrar for debt, interest and costs and on undertaking to apply to the Privy Council by a fixed date.

Orders

  • Stay of execution for one week granted to permit applicants to put in security to the satisfaction of the registrar for debt, interest and costs; applicants undertake to make application to the Judicial Committee of the Privy Council by June 20th; if security is put in as above the stay will operate up to that date.