Hamilton v. G. H. Evans

Hamilton v. G. H. Evans

Section 40 of the Supreme Court Act excludes interest accruing after the date of the judgment to be appealed from; where the trial judgment is affirmed, that trial judgment is the "judgment to be appealed from," and interest subsequent to that date cannot be added to reach the $2,000 threshold, so jurisdiction could not be affirmed.

Citation
[1923] SCR 1
Parties
Appellant: A. E. Hamilton; Respondents: G. H. Evans and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 October 1922
Procedural Posture
Appeal / Motion to Affirm Jurisdiction Dismissed by Registrar; Appeal to Supreme Court From Court of Appeal for Saskatchewan
Outcome
Motion dismissed with costs.
Legal Topics
Appealability, Amount in Controversy, Interest, Supreme Court Act S.40
Source Language
English
Civil Procedure Appellate Jurisdiction Statutory Interpretation Appealability Amount in Controversy Interest Supreme Court Act S.40

Case Brief

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Parties

A. E. Hamilton

Appellant

G. H. Evans and Others

Respondents

Procedural Posture

Appeal / Motion to Affirm Jurisdiction Dismissed by Registrar; Appeal to Supreme Court From Court of Appeal for Saskatchewan

Legal Issues

  1. 1 Whether interest accruing after the trial judgment can be added to the trial judgment to meet the Supreme Court monetary threshold for appeal under s.39
  2. 2 Whether the phrase "judgment to be appealed from" in s.40 refers to the trial court judgment or to the appellate court judgment

Ratio Decidendi

Section 40 of the Supreme Court Act excludes interest accruing after the date of the judgment to be appealed from; where the trial judgment is affirmed, that trial judgment is the "judgment to be appealed from," and interest subsequent to that date cannot be added to reach the $2,000 threshold, so jurisdiction could not be affirmed.

Court Disposition

Motion dismissed with costs.

Orders

  • Motion dismissed with costs.