Cushing Sulphite-Fibre Co. v. Cushing

Cushing Sulphite-Fibre Co. v. Cushing

The appeal was quashed because the judgment refusing to set aside the winding-up order did not involve any monetary amount; therefore the statutory jurisdictional prerequisite in s.76 (amount involved > $2,000) was not satisfied and the Supreme Court of Canada had no jurisdiction to grant leave.

Citation
(1906) 37 SCR 427
Parties
Appellants: The Cushing Sulphite-Fibre Company and Others; Respondents: George S. Cushing and Others Liquidators
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 May 1906
Procedural Posture
Winding Up Act Appeal / Leave to Appeal; Jurisdictional Determination Before Supreme Court of Canada
Outcome
Appeal quashed without costs.
Legal Topics
Winding Up, Leave to Appeal, Jurisdiction, Amount Involved Threshold
Source Language
English
Corporate Law Insolvency Civil Procedure Appeals Winding Up Leave to Appeal Jurisdiction Amount Involved Threshold

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Parties

The Cushing Sulphite-Fibre Company and Others

Appellants

George S. Cushing and Others Liquidators

Respondents

Procedural Posture

Winding Up Act Appeal / Leave to Appeal; Jurisdictional Determination Before Supreme Court of Canada

Legal Issues

  1. 1 Whether the amount involved exceeds $2,000 for leave to appeal under R.S.C. ch.129 s.76
  2. 2 Whether a judgment refusing to set aside a winding-up order involves any monetary amount
  3. 3 Whether the Supreme Court of Canada has jurisdiction to hear the appeal under the Winding-up Act

Ratio Decidendi

The appeal was quashed because the judgment refusing to set aside the winding-up order did not involve any monetary amount; therefore the statutory jurisdictional prerequisite in s.76 (amount involved > $2,000) was not satisfied and the Supreme Court of Canada had no jurisdiction to grant leave.

Court Disposition

Appeal quashed without costs.

Orders

  • Appeal quashed without costs.