Chevalier v. Cuvillier

Chevalier v. Cuvillier

The Court held that the judgment of the Court of Queen's Bench (Appeal Side) finally determined and put an end to the appeal and therefore constituted a 'final judgment' within s.9 of 42 Vict., c.39; accordingly the Supreme Court had jurisdiction to hear the appeal from that provincial appellate court and the motion to quash the appeal was refused.

Citation
(1879) 4 SCR 605
Parties
Appellant: Joseph Honore Chevalier; Respondents: Dame Marie A. Cuvillier et al
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 December 1879
Procedural Posture
Appeal / Motion to Quash Appeal Before Supreme Court of Canada Challenging Jurisdiction Under the Supreme Court Amendment Act 1879
Outcome
Motion to quash appeal refused
Legal Topics
Final Judgment, Interpretation of Appeal Provisions, Provincial Appellate Jurisdiction, Section 3 and Section 9 of 42 Vict. C.39
Source Language
English
Civil Procedure Appeal Constitutional Jurisdiction Final Judgment Interpretation of Appeal Provisions Provincial Appellate Jurisdiction Section 3 and Section 9 of 42 Vict. C.39

Case Brief

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Parties

Joseph Honore Chevalier

Appellant

Dame Marie A. Cuvillier et al

Respondents

Procedural Posture

Appeal / Motion to Quash Appeal Before Supreme Court of Canada Challenging Jurisdiction Under the Supreme Court Amendment Act 1879

Legal Issues

  1. 1 Whether the Supreme Court of Canada has jurisdiction to hear an appeal from the Court of Queen's Bench (Appeal Side) when that court affirmed a demurrer and thus finally disposed of the appeal
  2. 2 Whether the judgment in question constitutes a "final judgment" within the meaning of s.9 of 42 Vict., c.39
  3. 3 Whether appeals must originate from a final judgment of the Superior Court or may be taken from the highest provincial court of appeal that finally determines the matter

Ratio Decidendi

The Court held that the judgment of the Court of Queen's Bench (Appeal Side) finally determined and put an end to the appeal and therefore constituted a 'final judgment' within s.9 of 42 Vict., c.39; accordingly the Supreme Court had jurisdiction to hear the appeal from that provincial appellate court and the motion to quash the appeal was refused.

Court Disposition

Motion to quash appeal refused

Orders

  • Motion to quash appeal refused
  • Costs awarded to appellant