The Queen v. S.S. "Troop"

The Queen v. S.S. "Troop"

Appeal allowed: the Supreme Court held that 'owner for the time being' means the owner at the time the action is brought; a Board of Trade certificate accompanied by vouchers sufficed as proof of payment; a registry copy certified by the Registrar General is admissible under the Merchant Shipping Act 1894; accordingly the rule nisi for certiorari made absolute by the Supreme Court of New Brunswick was discharged and the appeal allowed with costs.

Citation
(1899) 29 SCR 662
Parties
Appellant (plaintiff): Her Majesty The Queen; Respondent (defendant): The Sailing Ship "Troop" Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 October 1899
Procedural Posture
Appeal; Certiorari Proceedings / On Appeal From the Supreme Court of New Brunswick to the Supreme Court of Canada; Final Judgment on Appeal
Outcome
Appeal allowed with costs; rule nisi discharged and order of the Supreme Court of New Brunswick reversed to the extent it made the certiorari absolute.
Legal Topics
Certiorari, Seaman Relief Expenses, Proof of Ownership, Certificate Evidence, Jurisdiction of Magistrate
Source Language
English
Maritime Law Administrative Law Appeal Evidence Law Statutory Interpretation Certiorari Seaman Relief Expenses Proof of Ownership +2 more

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Parties

Her Majesty The Queen

Appellant (plaintiff)

The Sailing Ship "Troop" Company

Respondent (defendant)

Procedural Posture

Appeal; Certiorari Proceedings / On Appeal From the Supreme Court of New Brunswick to the Supreme Court of Canada; Final Judgment on Appeal

Legal Issues

  1. 1 Whether an appeal lies from a certiorari judgment when the inferior court's order was neither quashed nor affirmed
  2. 2 Whether 'owner for the time being' in Merchant Shipping Act 1854 means owner at time expenses incurred or owner at time action is brought
  3. 3 Whether a certificate of the Assistant Secretary of the Board of Trade is sufficient proof of payment under the Act

Ratio Decidendi

Appeal allowed: the Supreme Court held that 'owner for the time being' means the owner at the time the action is brought; a Board of Trade certificate accompanied by vouchers sufficed as proof of payment; a registry copy certified by the Registrar General is admissible under the Merchant Shipping Act 1894; accordingly the rule nisi for certiorari made absolute by the Supreme Court of New Brunswick was discharged and the appeal allowed with costs.

Court Disposition

Appeal allowed with costs; rule nisi discharged and order of the Supreme Court of New Brunswick reversed to the extent it made the certiorari absolute.

Orders

  • Appeal allowed with costs
  • Rule nisi for certiorari discharged