Canadian Car and Foundry Co. v. Bird

Canadian Car and Foundry Co. v. Bird

The judgment directing an account in an action en reddition de compte is not a "final judgment" within the meaning of s.2(e) of the Supreme Court Act as it stood prior to the 1920 amendment; therefore the Supreme Court lacked jurisdiction and the appeal must be quashed with costs.

Citation
(1922) 64 SCR 257
Parties
Appellant / Defendant: Canadian Car and Foundry Company; Respondent / Plaintiff: J. Philip Bird
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1922
Procedural Posture
Appeal / Motion to Quash Appeal (on Appeal From Court of King's Bench, Quebec)
Outcome
Appeal quashed for want of jurisdiction
Legal Topics
Final Judgment, Interlocutory Order, Reddition De Compte, Jurisdiction of Supreme Court
Source Language
English
Civil Procedure Appeal Equity Accountings Final Judgment Interlocutory Order Reddition De Compte Jurisdiction of Supreme Court

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Parties

Canadian Car and Foundry Company

Appellant / Defendant

J. Philip Bird

Respondent / Plaintiff

Procedural Posture

Appeal / Motion to Quash Appeal (on Appeal From Court of King's Bench, Quebec)

Legal Issues

  1. 1 Whether a judgment directing an account in an action en reddition de compte is a "final judgment" within s.2(e) of the Supreme Court Act (pre-1920)
  2. 2 Whether the Supreme Court of Canada had jurisdiction to hear an appeal from such a judgment

Ratio Decidendi

The judgment directing an account in an action en reddition de compte is not a "final judgment" within the meaning of s.2(e) of the Supreme Court Act as it stood prior to the 1920 amendment; therefore the Supreme Court lacked jurisdiction and the appeal must be quashed with costs.

Court Disposition

Appeal quashed for want of jurisdiction

Orders

  • Motion to quash granted with costs
  • Appeal quashed with costs