Schatz v. McEntyre

Schatz v. McEntyre

A guardian lawfully appointed by a foreign court and evidenced by certified decrees is, for purposes of Quebec procedure, duly authorized to appear and sue under art.79 C.C.P. and art.6 C.C.; a conditional restriction in the foreign letters (requiring a bond before receipt of funds) does not strip the guardian of capacity to commence or prosecute the minor’s action because the restriction concerns receipt of funds only and the Quebec court can preserve control (stay proceedings or withhold final adjudication) until the condition is satisfied.

Citation
[1935] SCR 238
Parties
Appellant / Plaintiff / Guardian: Grover H. Schatz; Respondent / Defendant: John McEntyre; Minor Claimant (subject of Guardianship): Ruth Schatz; Infant Defendant (tutor Represented): John G. McEntyre
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 December 1934
Procedural Posture
Civil Appeal Personal Injury (automobile Accident) / Appeal to the Supreme Court of Canada From Court of King’s Bench, Quebec (on Record From Superior Court)
Outcome
Appeal allowed; judgment of the Superior Court restored; decision of the Court of King’s Bench reversed.
Legal Topics
Capacity to Sue, Recognition of Foreign Guardianship Orders, Effect of Bond Conditions on Authority to Receive Funds, Exception to the Form, Proof of Foreign Law Via Foreign Decree, Stay of Proceedings and Court Control Over Disbursement
Source Language
English
Private International Law Civil Procedure Tort (personal Injury) Guardianship/minor Law Capacity to Sue Recognition of Foreign Guardianship Orders Effect of Bond Conditions on Authority to Receive Funds Exception to the Form +2 more

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Parties

Grover H. Schatz

Appellant / Plaintiff / Guardian

John McEntyre

Respondent / Defendant

Ruth Schatz

Minor Claimant (subject of Guardianship)

John G. McEntyre

Infant Defendant (tutor Represented)

Procedural Posture

Civil Appeal Personal Injury (automobile Accident) / Appeal to the Supreme Court of Canada From Court of King’s Bench, Quebec (on Record From Superior Court)

Legal Issues

  1. 1 Whether a guardian appointed by a foreign (New York) court has the capacity/quality to sue in Quebec courts under art.79 C.C.P. and art.6 C.C.
  2. 2 Whether a condition in the foreign letters of guardianship requiring filing of a bond (and restraining receipt of funds until then) defeats the guardian’s capacity to commence or prosecute the action in Quebec
  3. 3 Whether certified foreign decrees and proceedings suffice to prove foreign law and the guardian’s authority

Ratio Decidendi

A guardian lawfully appointed by a foreign court and evidenced by certified decrees is, for purposes of Quebec procedure, duly authorized to appear and sue under art.79 C.C.P. and art.6 C.C.; a conditional restriction in the foreign letters (requiring a bond before receipt of funds) does not strip the guardian of capacity to commence or prosecute the minor’s action because the restriction concerns receipt of funds only and the Quebec court can preserve control (stay proceedings or withhold final adjudication) until the condition is satisfied.

Court Disposition

Appeal allowed; judgment of the Superior Court restored; decision of the Court of King’s Bench reversed.

Orders

  • Appeal allowed with costs here and in the Court of King’s Bench in favour of the appellant.
  • Application to add Ruth Schatz and John G. McEntyre as parties granted with costs in the cause.