Two Mountains Election Case (Ethier v. Legault)

Two Mountains Election Case (Ethier v. Legault)

Production of the printed voters' list bearing the Queen's Printer imprint together with the certified copy returned to the Clerk of the Crown in Chancery sufficiently established the petitioner's status as entitled to vote; the jurat signed by a firm of prothonotaries was at most a curable irregularity and not a...

Source-derived case information.

Citation
(1901) 31 SCR 437
Parties
Appellant: Joseph A. C. Ethier; Petitioner/respondent: Joseph Legault
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 October 1901
Procedural Posture
Controverted Election Petition / Appeal to Supreme Court of Canada From Dismissal of Preliminary Objections
Outcome
Appeal dismissed with costs
Legal Topics
Status of Petitioner, Proof by Certified Voters' List, Jurat Formalities, Service of Petition, Preliminary Objections
Source Language
english
Election Law Evidence Civil Procedure Status of Petitioner Proof by Certified Voters' List Jurat Formalities Service of Petition Preliminary Objections

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph A. C. Ethier

Appellant

Joseph Legault

Petitioner/respondent

Procedural Posture

Controverted Election Petition / Appeal to Supreme Court of Canada From Dismissal of Preliminary Objections

Legal Issues

  1. 1 Whether the petitioner proved his status as a person entitled to vote at the election
  2. 2 Whether a printed list bearing the Queen's Printer imprint and certified copy from the Clerk of the Crown in Chancery constitutes sufficient proof of the voters' list used at the election
  3. 3 Whether a jurat signed by a firm of prothonotaries invalidates the affidavit and petition

Ratio Decidendi

Production of the printed voters' list bearing the Queen's Printer imprint together with the certified copy returned to the Clerk of the Crown in Chancery sufficiently established the petitioner's status as entitled to vote; the jurat signed by a firm of prothonotaries was at most a curable irregularity and not a proper basis for a preliminary objection to dismiss the petition.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs