In re Rundle

In re Rundle

The Supreme Court held that Ontario Surrogate Courts fall within the term 'Court of Probate' in s.37(d) of the Supreme Court Act and that the Surrogate judge's order on passing of accounts constituted a judicial 'case or proceeding' within that section; accordingly an appeal to this Court lies and, on the merits, the Appellate Division's variation of the Surrogate Court order was affirmed and the appeal dismissed.

Citation
(1915) 52 SCR 114
Parties
Appellant (plaintiff): The Trusts and Guarantee Company; Respondents (defendants): Clarence Arthur Rundle and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 November 1915
Procedural Posture
Appeal; Probate (passing of Accounts) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario; Origin in Surrogate Court of the County of York
Outcome
Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Ontario affirmed
Legal Topics
Surrogate Court as Court of Probate Under S.37(d), Appealability of Orders on Passing of Accounts, Interpretation of Supreme Court Act S.37(d), Scope of Judicial Proceedings in Probate
Source Language
English
Probate Appellate Procedure Jurisdiction Surrogate Court as Court of Probate Under S.37(d) Appealability of Orders on Passing of Accounts Interpretation of Supreme Court Act S.37(d) Scope of Judicial Proceedings in Probate

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Parties

The Trusts and Guarantee Company

Appellant (plaintiff)

Clarence Arthur Rundle and Others

Respondents (defendants)

Procedural Posture

Appeal; Probate (passing of Accounts) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario; Origin in Surrogate Court of the County of York

Legal Issues

  1. 1 Whether an Ontario Surrogate Court is a "Court of Probate" within s.37(d) of the Supreme Court Act
  2. 2 Whether an order on passing of accounts by a Surrogate judge constitutes a "case or proceeding" or "judicial proceeding" under s.37(d) and is appealable to the Supreme Court of Canada
  3. 3 Whether the Appellate Division's variation of the Surrogate Court order was correct on the merits

Ratio Decidendi

The Supreme Court held that Ontario Surrogate Courts fall within the term 'Court of Probate' in s.37(d) of the Supreme Court Act and that the Surrogate judge's order on passing of accounts constituted a judicial 'case or proceeding' within that section; accordingly an appeal to this Court lies and, on the merits, the Appellate Division's variation of the Surrogate Court order was affirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Ontario affirmed

Orders

  • Appeal dismissed
  • Costs awarded to respondents (appeal dismissed with costs)