Gibson v. Nelson

Gibson v. Nelson

The Supreme Court refused to disturb the provincial court's procedural rulings and dismissed the appeal, holding that appellate intervention was not warranted and that special circumstances justified denial of costs.

Citation
(1902) 35 SCR 181
Parties
Appellant: Gibson; Respondent: Nelson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 December 1902
Procedural Posture
Foreclosure of Mortgage; Redemption; Priorities and Hypothecs / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment Reserved and Delivered
Outcome
Appeal dismissed without costs.
Legal Topics
Foreclosure, Redemption, Assignment Pending Suit, Costs, Priority of Interests, Procedure
Source Language
English
Property Law Mortgage Law Civil Procedure Foreclosure Redemption Assignment Pending Suit Costs Priority of Interests +1 more

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Parties

Gibson

Appellant

Nelson

Respondent

Procedural Posture

Foreclosure of Mortgage; Redemption; Priorities and Hypothecs / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment Reserved and Delivered

Legal Issues

  1. 1 Whether appellate court should interfere with provincial court's procedural rulings
  2. 2 Effect of assignment pending suit on right to redeem
  3. 3 Priority of interests in competing claims to land

Ratio Decidendi

The Supreme Court refused to disturb the provincial court's procedural rulings and dismissed the appeal, holding that appellate intervention was not warranted and that special circumstances justified denial of costs.

Court Disposition

Appeal dismissed without costs.

Orders

  • Appeal dismissed without costs.
  • Refusal to interfere with the decision of the provincial court on matters of procedure.