Bruce et al. v. Fuller

Bruce et al. v. Fuller

The appeal was quashed for want of jurisdiction because the order appealed from was an interlocutory interim injunction preserving the status quo and did not finally determine any substantive right; therefore it was not a "final judgment" within the meaning of the Supreme Court Act and not appealable to this Court.

Citation
[1936] SCR 124
Parties
Appellant (defendant): Mary Bruce; Appellant (defendant): The Nova Scotia Trust Company (executrix and executor of the will of Alfred D. Bruce, deceased); Appellant (defendant): Shelburne Shipbuilders Ltd.; Respondent (plaintiff): Lewis O. Fuller (on behalf of himself and all other shareholders of Shelburne Shipbuilders Ltd. other than Mary Bruce and The Nova Scotia Trust Company)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 February 1936
Procedural Posture
Civil Appeal / Appeal to the Supreme Court of Canada From Dismissal by the Supreme Court of Nova Scotia in Banco of an Appeal From an Order Granting an Interim Injunction
Outcome
Appeal quashed for want of jurisdiction
Legal Topics
Interim Injunction, Jurisdiction, Final Judgment, Shareholder Voting Rights, Procedural Control Over Course of Proceedings
Source Language
English
Appeal Equity Company Law Injunctions Civil Procedure Interim Injunction Jurisdiction Final Judgment +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mary Bruce

Appellant (defendant)

The Nova Scotia Trust Company (executrix and executor of the will of Alfred D. Bruce, deceased)

Appellant (defendant)

Shelburne Shipbuilders Ltd.

Appellant (defendant)

Lewis O. Fuller (on behalf of himself and all other shareholders of Shelburne Shipbuilders Ltd. other than Mary Bruce and The Nova Scotia Trust Company)

Respondent (plaintiff)

Procedural Posture

Civil Appeal / Appeal to the Supreme Court of Canada From Dismissal by the Supreme Court of Nova Scotia in Banco of an Appeal From an Order Granting an Interim Injunction

Legal Issues

  1. 1 Whether the Supreme Court of Canada had jurisdiction to hear an appeal from the dismissal of an appeal from an order granting an interim injunction
  2. 2 Whether an order granting an interim injunction constitutes a "final judgment" within the meaning of the Supreme Court Act (R.S.C. 1927, c. 35)

Ratio Decidendi

The appeal was quashed for want of jurisdiction because the order appealed from was an interlocutory interim injunction preserving the status quo and did not finally determine any substantive right; therefore it was not a "final judgment" within the meaning of the Supreme Court Act and not appealable to this Court.

Court Disposition

Appeal quashed for want of jurisdiction

Orders

  • Appeal quashed with costs