Montreal Agencies Ltd. v. Kimpton

Montreal Agencies Ltd. v. Kimpton

The agent (Montreal Agencies) was the effective cause of the sale and entitled to the commission; the Court of King’s Bench erred in reversing the trial judgment as to parties who did not appeal (ultra vires); the Supreme Court can set aside that intermediate appellate decision and restore the Superior Court judgment under s.51, maintaining the actions in warranty and sub-warranty.

Citation
[1927] SCR 598
Parties
Plaintiff Appellant: Montreal Agencies Limited; Defendant in Sub Warranty Respondent: L. E. Kimpton; Principal Defendant and Plaintiff in Warranty: The Bank of Nova Scotia; Defendants in Warranty and Plaintiffs in Sub Warranty: F. D. Waterman and Another
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1927
Procedural Posture
Civil Appeal Arising From Principal Action With Warranty and Sub Warranty / Appeal to the Supreme Court of Canada (final Hearing)
Outcome
Appeal allowed. Judgment of the Court of King’s Bench set aside; judgment of the Superior Court restored; Montreal Agencies declared entitled to the commission; actions in warranty and in sub-warranty maintained.
Legal Topics
Commission Entitlement, Procuring Cause, Res Judicata, Intervention, Warranty and Sub Warranty, Ultra Vires Appellate Action
Source Language
English
Agency Real Property Civil Procedure Appeal Jurisdiction Commission Entitlement Procuring Cause Res Judicata Intervention +2 more

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Parties

Montreal Agencies Limited

Plaintiff Appellant

L. E. Kimpton

Defendant in Sub Warranty Respondent

The Bank of Nova Scotia

Principal Defendant and Plaintiff in Warranty

F. D. Waterman and Another

Defendants in Warranty and Plaintiffs in Sub Warranty

Procedural Posture

Civil Appeal Arising From Principal Action With Warranty and Sub Warranty / Appeal to the Supreme Court of Canada (final Hearing)

Legal Issues

  1. 1 Whether an agent who introduces the purchaser is entitled to commission where principal completes sale without agent's participation
  2. 2 Whether an intervenant's appeal can reverse a judgment as to parties who did not appeal (res judicata effect)
  3. 3 Whether an appellate court can lawfully reverse a trial judgment as to non-appealing parties

Ratio Decidendi

The agent (Montreal Agencies) was the effective cause of the sale and entitled to the commission; the Court of King’s Bench erred in reversing the trial judgment as to parties who did not appeal (ultra vires); the Supreme Court can set aside that intermediate appellate decision and restore the Superior Court judgment under s.51, maintaining the actions in warranty and sub-warranty.

Court Disposition

Appeal allowed. Judgment of the Court of King’s Bench set aside; judgment of the Superior Court restored; Montreal Agencies declared entitled to the commission; actions in warranty and in sub-warranty maintained.

Orders

  • Set aside the judgment of the Court of King’s Bench with costs against Kimpton
  • Restore the judgment of the Superior Court (Lane J.)