Forcier v. Coderre

Forcier v. Coderre

The motion for special leave was dismissed because the issues before the Court of King's Bench and the Superior Court were confined to costs and procedure, no special reasons under s.41 were demonstrated, and it was highly improbable this Court would intervene; however, if the rule nisi had been maintained and...

Source-derived case information.

Citation
[1936] SCR 550
Parties
Applicant: Joseph E. Forcier; Respondent: Dame Ulderic Coderre
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1936
Procedural Posture
Application for Special Leave to Appeal / Motion for Special Leave Before the Supreme Court of Canada
Outcome
Motion for special leave to appeal dismissed with costs; leave to appeal refused.
Legal Topics
Leave to Appeal, Rule Nisi, Costs, Liberty of the Subject, Procedural Jurisdiction
Source Language
english
Appeal Procedure Habeas Corpus Leave to Appeal Rule Nisi Costs Liberty of the Subject Procedural Jurisdiction

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Parties

Joseph E. Forcier

Applicant

Dame Ulderic Coderre

Respondent

Procedural Posture

Application for Special Leave to Appeal / Motion for Special Leave Before the Supreme Court of Canada

Legal Issues

  1. 1 Whether special leave to appeal under s.41 of the Supreme Court Act should be granted
  2. 2 Whether the rule nisi should have been declared absolute by the courts below
  3. 3 Whether questions limited to costs and procedure constitute special reasons to grant leave

Ratio Decidendi

The motion for special leave was dismissed because the issues before the Court of King's Bench and the Superior Court were confined to costs and procedure, no special reasons under s.41 were demonstrated, and it was highly improbable this Court would intervene; however, if the rule nisi had been maintained and liberty of the subject been at stake, leave might have been warranted.

Court Disposition

Motion for special leave to appeal dismissed with costs; leave to appeal refused.

Orders

  • Motion dismissed with costs.
  • Leave to appeal refused.