Wartime Housing Ltd. v. Madden

Wartime Housing Ltd. v. Madden

The appeal was quashed because the order dismissing the exception is interlocutory and not a 'final judgment' within s.2(b) of the Supreme Court Act under Quebec law; the alleged Crown status of the appellant does not change the statutory finality requirement and therefore this Court lacks jurisdiction to hear the appeal now.

Citation
[1945] SCR 169
Parties
Appellant/defendant: Wartime Housing Limited; Respondents/plaintiffs: Joseph Madden and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 February 1945
Procedural Posture
Appeal / Motion to Quash Appeal for Want of Jurisdiction Against Interlocutory Judgment (appeal From Court of King's Bench, Quebec)
Outcome
Motion allowed; appeal quashed with costs against the appellant.
Legal Topics
Final Judgment, Jurisdiction of Appellate Court, Petition of Right, Emanation of the Crown, Interlocutory Judgment, Quebec Procedural Law
Source Language
English
Appeal Public Law Civil Procedure Final Judgment Jurisdiction of Appellate Court Petition of Right Emanation of the Crown Interlocutory Judgment +1 more

Case Brief

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Parties

Wartime Housing Limited

Appellant/defendant

Joseph Madden and Others

Respondents/plaintiffs

Procedural Posture

Appeal / Motion to Quash Appeal for Want of Jurisdiction Against Interlocutory Judgment (appeal From Court of King's Bench, Quebec)

Legal Issues

  1. 1 Whether the judgment dismissing exception to the form is a final judgment within s.2(b) of the Supreme Court Act
  2. 2 Whether a company alleged to be an emanation of the Crown can only be sued by petition of right in the Exchequer Court of Canada
  3. 3 Whether the Crown status of a party alters the finality analysis under the Supreme Court Act

Ratio Decidendi

The appeal was quashed because the order dismissing the exception is interlocutory and not a 'final judgment' within s.2(b) of the Supreme Court Act under Quebec law; the alleged Crown status of the appellant does not change the statutory finality requirement and therefore this Court lacks jurisdiction to hear the appeal now.

Court Disposition

Motion allowed; appeal quashed with costs against the appellant.

Orders

  • Motion to quash appeal for want of jurisdiction allowed.
  • Appeal quashed with costs against the appellant.