La Sarchi Cie v. First National Bank of Boston

La Sarchi Cie v. First National Bank of Boston

A judgment allowing a declinatory exception and dismissing the action finally disposes of the plaintiff's substantive rights and therefore constitutes a "final judgment" within the meaning of ss.2(b) and 36 of the Supreme Court Act; consequently the motion to quash the appeal for want of jurisdiction was dismissed.

Citation
[1962] SCR 213
Parties
Appellant (plaintiff): La Sarchi Compagnie; Respondent (defendant): The First National Bank of Boston
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 December 1961
Procedural Posture
Appeal to Supreme Court of Canada / Motion to Quash Jurisdiction of Appeal After Court of Queen's Bench Judgment Dismissing Action
Outcome
Motion to quash dismissed with costs; appeal may proceed.
Legal Topics
Declinatory Exception, Final Judgment, Supreme Court Act Interpretation, Code of Civil Procedure Art. 94(4)
Source Language
English
Civil Procedure Jurisdiction Appeal Declinatory Exception Final Judgment Supreme Court Act Interpretation Code of Civil Procedure Art. 94(4)

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Parties

La Sarchi Compagnie

Appellant (plaintiff)

The First National Bank of Boston

Respondent (defendant)

Procedural Posture

Appeal to Supreme Court of Canada / Motion to Quash Jurisdiction of Appeal After Court of Queen's Bench Judgment Dismissing Action

Legal Issues

  1. 1 Whether a judgment allowing a declinatory exception and dismissing the action is a "final judgment" under ss.2(b) and 36 of the Supreme Court Act
  2. 2 Whether Quebec Superior Court had jurisdiction under Code of Civil Procedure art.94(4) by reason of defendant's assets in the province

Ratio Decidendi

A judgment allowing a declinatory exception and dismissing the action finally disposes of the plaintiff's substantive rights and therefore constitutes a "final judgment" within the meaning of ss.2(b) and 36 of the Supreme Court Act; consequently the motion to quash the appeal for want of jurisdiction was dismissed.

Court Disposition

Motion to quash dismissed with costs; appeal may proceed.

Orders

  • Motion to quash dismissed with costs.