Sideleau v. Davidson (Controverted election for the Electoral District of Stanstead)

Sideleau v. Davidson (Controverted election for the Electoral District of Stanstead)

Motion for a stay was dismissed because once the Supreme Court's judgment in a controverted election is certified to the Speaker under s.68 the statute contemplates no further court proceedings except on costs; the Court is functus as to the substantive determination and cannot restrain parliamentary action, and a stay of costs is unjustified given the consistent refusal by the Judicial Committee to grant leave in such cases.

Citation
[1942] SCR 318
Parties
Appellant: Albert Sideleau; Respondent: Robert Greig Davidson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 July 1942
Procedural Posture
Controverted Election / Post Judgment Motion for Stay Pending Application for Special Leave to Appeal to the Judicial Committee of the Privy Council After Judgment Reported to the Speaker
Outcome
Motion dismissed with costs
Legal Topics
Controverted Election, Stay of Proceedings, Report to Speaker Under Dominion Controverted Elections Act, Costs, Appeal to Privy Council
Source Language
English
Election Law Procedure Parliamentary Procedure Controverted Election Stay of Proceedings Report to Speaker Under Dominion Controverted Elections Act Costs Appeal to Privy Council

Case Brief

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Parties

Albert Sideleau

Appellant

Robert Greig Davidson

Respondent

Procedural Posture

Controverted Election / Post Judgment Motion for Stay Pending Application for Special Leave to Appeal to the Judicial Committee of the Privy Council After Judgment Reported to the Speaker

Legal Issues

  1. 1 Whether a stay of proceedings can be granted after the Supreme Court's judgment in a controverted election has been certified to the Speaker under s.68 of the Dominion Controverted Elections Act
  2. 2 Whether the Court is functus officio once its decision is reported to the Speaker and therefore lacks power to stay subsequent proceedings
  3. 3 Whether a stay as to costs is justified once the substantive portion of the judgment has been taken out of the Court's control

Ratio Decidendi

Motion for a stay was dismissed because once the Supreme Court's judgment in a controverted election is certified to the Speaker under s.68 the statute contemplates no further court proceedings except on costs; the Court is functus as to the substantive determination and cannot restrain parliamentary action, and a stay of costs is unjustified given the consistent refusal by the Judicial Committee to grant leave in such cases.

Court Disposition

Motion dismissed with costs

Orders

  • Motion dismissed
  • Costs awarded to respondent