Montarville Land Co. v. Economic Realty Co.

Montarville Land Co. v. Economic Realty Co.

The appeal was quashed because there was no amount in controversy of $2,000 and the matter did not involve title to the land or future rights therein within the meaning of s.46(b) or (c) of the Supreme Court Act, so the Supreme Court of Canada had no jurisdiction to hear the appeal.

Citation
(1916) 54 SCR 140
Parties
Defendant/appellant: Montarville Land Co.; Plaintiff/respondent: Economic Realty, Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 October 1916
Procedural Posture
Appeal / Motion to Quash Appeal to the Supreme Court of Canada
Outcome
Appeal quashed
Legal Topics
Cloud on Title, Mortgage Discharge, Jurisdiction Under Supreme Court Act S.46, Deferred Instalments, Warranty of Title
Source Language
English
Property Appeal Civil Procedure Equity Cloud on Title Mortgage Discharge Jurisdiction Under Supreme Court Act S.46 Deferred Instalments +1 more

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Parties

Montarville Land Co.

Defendant/appellant

Economic Realty, Limited

Plaintiff/respondent

Procedural Posture

Appeal / Motion to Quash Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether the Supreme Court of Canada had jurisdiction under s.46(b) or (c) of the Supreme Court Act
  2. 2 Whether there was an amount in controversy of $2,000 or more
  3. 3 Whether the dispute involved title to land or future rights in land that could bind third parties

Ratio Decidendi

The appeal was quashed because there was no amount in controversy of $2,000 and the matter did not involve title to the land or future rights therein within the meaning of s.46(b) or (c) of the Supreme Court Act, so the Supreme Court of Canada had no jurisdiction to hear the appeal.

Court Disposition

Appeal quashed

Orders

  • Appeal quashed with costs