Martin v. Sampson

Martin v. Sampson

The appeal period commenced on the pronouncing of the judgment; the subsequent alterations to the draft minutes were not substantial so as to delay the start of the appeal period; the application for approval of security made more than sixty days after pronouncement was therefore too late and the Registrar's refusal was correctly affirmed.

Citation
(1897) 26 SCR 707
Parties
Appellant/plaintiff: Thomas B. Martin; Respondent/defendant: William Sampson; Respondent/defendant: H.R. Angus
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 January 1897
Procedural Posture
Appeal to Supreme Court of Canada From Court of Appeal for Ontario / Motion Challenging Registrar's Refusal to Approve Security Under S.46; Appeal From Registrar's Decision
Outcome
Registrar's decision confirmed; motion dismissed
Legal Topics
Time for Filing Appeal, Settlement of Minutes of Judgment, Security for Costs, Extension of Time, Chattel Mortgage, Costs
Source Language
English
Civil Procedure Property Law Appellate Practice Time for Filing Appeal Settlement of Minutes of Judgment Security for Costs Extension of Time Chattel Mortgage +1 more

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Parties

Thomas B. Martin

Appellant/plaintiff

William Sampson

Respondent/defendant

H.R. Angus

Respondent/defendant

Procedural Posture

Appeal to Supreme Court of Canada From Court of Appeal for Ontario / Motion Challenging Registrar's Refusal to Approve Security Under S.46; Appeal From Registrar's Decision

Legal Issues

  1. 1 Whether time for appealing runs from pronouncing of judgment or from entry/settlement of minutes
  2. 2 Whether alterations to draft minutes were substantial enough to postpone commencement of appeal time
  3. 3 Whether the Registrar/Supreme Court judge could extend the time for appealing under the Act

Ratio Decidendi

The appeal period commenced on the pronouncing of the judgment; the subsequent alterations to the draft minutes were not substantial so as to delay the start of the appeal period; the application for approval of security made more than sixty days after pronouncement was therefore too late and the Registrar's refusal was correctly affirmed.

Court Disposition

Registrar's decision confirmed; motion dismissed

Orders

  • Motion dismissed with costs
  • Decision of Registrar (refusing approval of security as out of time) affirmed