In re Smart

In re Smart

Because the statute requires filing the case with the registrar as the step that commences an appeal and that was not done within sixty days of the Court of Appeal judgment, the Supreme Court lacked jurisdiction and the appeal must be quashed.

Citation
(1889) 16 SCR 396
Parties
Father/applicant/respondent: David Smart; Mother/appellant: Mother of the infants (unnamed); Infants: Mabel Beatrice Smart and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 April 1889
Procedural Posture
Habeas Corpus Appeal to Supreme Court of Canada / Appeal Filed With Registrar; Motion to Quash for Want of Jurisdiction
Outcome
Appeal quashed with costs
Legal Topics
Time for Appealing, Commencement of Appeal Proceedings, Statutory Limitation Periods for Appeals, Filing Requirement With Registrar
Source Language
English
Appeal Habeas Corpus Procedural Law Jurisdiction Time for Appealing Commencement of Appeal Proceedings Statutory Limitation Periods for Appeals Filing Requirement With Registrar

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Parties

David Smart

Father/applicant/respondent

Mother of the infants (unnamed)

Mother/appellant

Mabel Beatrice Smart and Others

Infants

Procedural Posture

Habeas Corpus Appeal to Supreme Court of Canada / Appeal Filed With Registrar; Motion to Quash for Want of Jurisdiction

Legal Issues

  1. 1 Whether the filing of the case with the registrar is the necessary first step to commence an appeal in a habeas corpus proceeding
  2. 2 Whether the appeal was brought within the sixty day statutory period from the pronouncement of the judgment
  3. 3 Whether the court could enlarge time or otherwise entertain the appeal filed after sixty days

Ratio Decidendi

Because the statute requires filing the case with the registrar as the step that commences an appeal and that was not done within sixty days of the Court of Appeal judgment, the Supreme Court lacked jurisdiction and the appeal must be quashed.

Court Disposition

Appeal quashed with costs

Orders

  • Appeal quashed
  • Costs awarded to respondent