Samson v. Drolet

Samson v. Drolet

The Supreme Court held that the joinder of the multiple claims in the quo warranto proceeding was permissible; the procedural provisions cited did not preclude joinder with a statutory disqualification claim; prescription under R.S.Q. arts. 7532-3 did not bar the disqualification demand; and a provincial legislature validly may impose disqualification from municipal office—therefore the appeal was dismissed and the lower court judgment affirming the writ of quo warranto was upheld.

Citation
[1928] SCR 96
Parties
Appellant: Joseph Samson; Respondents: Odilon Drolet and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1927
Procedural Posture
Quo Warranto; Municipal Election Contest / Appeal to Supreme Court of Canada From Court of King's Bench (quebec)
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench (Q.R. 43 K.B. 160) affirmed.
Legal Topics
Quo Warranto, Municipal Election, Disqualification From Municipal Office, Joinder of Causes of Action, Prescription (statute of Limitations)
Source Language
English
Municipal Law Civil Procedure Constitutional Law Quo Warranto Municipal Election Disqualification From Municipal Office Joinder of Causes of Action Prescription (statute of Limitations)

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Parties

Joseph Samson

Appellant

Odilon Drolet and Others

Respondents

Procedural Posture

Quo Warranto; Municipal Election Contest / Appeal to Supreme Court of Canada From Court of King's Bench (quebec)

Legal Issues

  1. 1 Whether multiple reliefs including nullification of election, removal, disqualification, fine and new election could be joined in one quo warranto proceeding
  2. 2 Whether requirements of arts. 980/987/988/1150 C.C.P. affect joinder with a disqualification claim under R.S.Q. arts. 5936-7
  3. 3 Whether prescription under R.S.Q. arts. 7532-3 applies to a disqualification claim under R.S.Q. arts. 5936-7

Ratio Decidendi

The Supreme Court held that the joinder of the multiple claims in the quo warranto proceeding was permissible; the procedural provisions cited did not preclude joinder with a statutory disqualification claim; prescription under R.S.Q. arts. 7532-3 did not bar the disqualification demand; and a provincial legislature validly may impose disqualification from municipal office—therefore the appeal was dismissed and the lower court judgment affirming the writ of quo warranto was upheld.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench (Q.R. 43 K.B. 160) affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of King's Bench (Q.R. 43 K.B. 160) affirmed.