North Eastern Banking Co. v. Royal Trust Co. / In re Atlantic & Lake Superior Ry. Co.

North Eastern Banking Co. v. Royal Trust Co. / In re Atlantic & Lake Superior Ry. Co.

The Supreme Court held that the operative judgment for purposes of section 82 is the judge's order confirming the referee's report under the rules, and that a referee's report not appealed within the 14-day rule does not become the final judgment such as to start the 30-day statutory appeal period; accordingly the appeal filed within thirty days of the judge's confirmatory order was timely.

Citation
(1908) 41 SCR 1
Parties
Appellant/claimant: North Eastern Banking Company; Respondent/plaintiff: Royal Trust Company; Respondent/claimants: George Ball and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 October 1908
Procedural Posture
Appeal / Motion to Quash Appeal From Exchequer Court Judgment Confirming Referee's Report
Outcome
Motion to quash dismissed with costs.
Legal Topics
Time for Appealing, Final Judgment, Confirmation of Referee's Report, Exchequer Court Rules, Statutory Interpretation
Source Language
English
Appeal Civil Procedure Receivership/bankruptcy Time for Appealing Final Judgment Confirmation of Referee's Report Exchequer Court Rules Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

North Eastern Banking Company

Appellant/claimant

Royal Trust Company

Respondent/plaintiff

George Ball and Others

Respondent/claimants

Procedural Posture

Appeal / Motion to Quash Appeal From Exchequer Court Judgment Confirming Referee's Report

Legal Issues

  1. 1 Whether failure to appeal a referee's report within 14 days under Exchequer Court rules prevents a later appeal to the Supreme Court from a judge's order confirming that report
  2. 2 What constitutes the 'judgment' for the purposes of section 82 of the Exchequer Court Act
  3. 3 Whether procedural rules can extinguish a statutory right of appeal

Ratio Decidendi

The Supreme Court held that the operative judgment for purposes of section 82 is the judge's order confirming the referee's report under the rules, and that a referee's report not appealed within the 14-day rule does not become the final judgment such as to start the 30-day statutory appeal period; accordingly the appeal filed within thirty days of the judge's confirmatory order was timely.

Court Disposition

Motion to quash dismissed with costs.

Orders

  • Motion dismissed with costs.