Stephenson v. Gold Medal Furniture Mfg. Co.

Stephenson v. Gold Medal Furniture Mfg. Co.

Majority held the Court of Appeal judgment was not a final judgment within s.2(e) of the Supreme Court Act as it stood prior to the 1913 amendment because reference proceedings to the master remained and the action was not finally concluded; therefore the Supreme Court of Canada lacked jurisdiction and the appeal must be quashed.

Citation
(1913) 48 SCR 497
Parties
Plaintiff/respondent: Gold Medal Furniture Manufacturing Company; Appellant/defendant: Tena Stephenson; Defendant: James Albert Stephenson; Defendant: William Stephenson; Defendant: Margaret Stephenson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 October 1913
Procedural Posture
Civil Appeal / On Appeal; Motion to Quash Appeal
Outcome
Appeal quashed
Legal Topics
Final Judgment, Supreme Court Act S.2(e), Reserve of Further Directions, Reference to Master
Source Language
English
Civil Procedure Appeal Jurisdiction Statutory Interpretation Final Judgment Supreme Court Act S.2(e) Reserve of Further Directions Reference to Master

Case Brief

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Parties

Gold Medal Furniture Manufacturing Company

Plaintiff/respondent

Tena Stephenson

Appellant/defendant

James Albert Stephenson

Defendant

William Stephenson

Defendant

Margaret Stephenson

Defendant

Procedural Posture

Civil Appeal / On Appeal; Motion to Quash Appeal

Legal Issues

  1. 1 Whether the Court of Appeal's judgment was a final judgment within the meaning of s.2(e) of the Supreme Court Act as it stood prior to the 1913 amendment
  2. 2 Whether the Supreme Court of Canada had jurisdiction to entertain the appeal
  3. 3 Whether omission to reserve further directions rendered the judgment final

Ratio Decidendi

Majority held the Court of Appeal judgment was not a final judgment within s.2(e) of the Supreme Court Act as it stood prior to the 1913 amendment because reference proceedings to the master remained and the action was not finally concluded; therefore the Supreme Court of Canada lacked jurisdiction and the appeal must be quashed.

Court Disposition

Appeal quashed

Orders

  • Appeal quashed with costs