McGoey v. Leamy

McGoey v. Leamy

The court refused the motion to quash because the notarial deed appointing a surveyor, read as including the surveyor's subsequent report, constitutes or affects a title to land, and the relief sought (revendication and establishment of boundary) would bind future rights; therefore the matter is appealable under the...

Source-derived case information.

Citation
(1897) 27 SCR 193
Parties
Appellant/plaintiff: James McGoey; Respondent/defendant: Sarah Elizabeth Leamy
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 February 1897
Procedural Posture
Appeal / Motion to Quash Appeal for Want of Jurisdiction; Court Ruled on Appealability Under Amended Supreme and Exchequer Courts Act
Outcome
Motion to quash appeal refused with costs.
Legal Topics
Boundary Dispute, Title to Land, Jurisdiction, Interpretation of Statutory Amendments, Effect of Notarial Deed and Surveyor's Report
Source Language
english
Real Property Civil Procedure Appeal Survey/boundary Boundary Dispute Title to Land Jurisdiction Interpretation of Statutory Amendments +1 more

Source-derived case record

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Parties

James McGoey

Appellant/plaintiff

Sarah Elizabeth Leamy

Respondent/defendant

Procedural Posture

Appeal / Motion to Quash Appeal for Want of Jurisdiction; Court Ruled on Appealability Under Amended Supreme and Exchequer Courts Act

Legal Issues

  1. 1 Whether the Supreme Court of Canada has jurisdiction under R.S.C. c.135 s.29 as amended to hear an appeal in a boundary dispute
  2. 2 Whether the dispute involves title to land or matters where rights in future may be bound
  3. 3 Whether the value-in-controversy threshold (approximately $2,000) prevents appeal

Ratio Decidendi

The court refused the motion to quash because the notarial deed appointing a surveyor, read as including the surveyor's subsequent report, constitutes or affects a title to land, and the relief sought (revendication and establishment of boundary) would bind future rights; therefore the matter is appealable under the amended s.29 of the Supreme and Exchequer Courts Act.

Court Disposition

Motion to quash appeal refused with costs.

Orders

  • Motion to quash appeal refused with costs.