Caron v. Forgues

Caron v. Forgues

Costs that a defendant is condemned to pay in other connected actions (warranty and sub-warranty) constitute part of the amount or value of the matter in controversy and must be added to the principal judgment amount for the purpose of determining whether the statutory jurisdictional monetary threshold under s.40 is...

Source-derived case information.

Citation
[1944] SCR 145
Parties
Defendant in Sub Warranty and Intervenant: Louis Edgar Caron; Plaintiff / Respondent: Alice Forgues; Defendant and Plaintiff in Warranty: Alexandre Nadeau; Defendant in Warranty and Plaintiff in Sub Warranty: J. B. Savard
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 February 1944
Procedural Posture
Civil Appeal (tort and Warranty Actions) / On Appeal to the Supreme Court of Canada; Motions to Quash and for Leave to Appeal
Outcome
Motion by respondent to quash appeal dismissed with costs; motion by appellant for leave to appeal dismissed with costs as unnecessary; Court held it has jurisdiction to hear the appeal de piano.
Legal Topics
Jurisdiction, Amount in Controversy, Costs Inclusion, Intervention, Warranty Actions
Source Language
english
Civil Procedure Appeal Costs Tort Law Jurisdiction Amount in Controversy Costs Inclusion Intervention +1 more

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Parties

Louis Edgar Caron

Defendant in Sub Warranty and Intervenant

Alice Forgues

Plaintiff / Respondent

Alexandre Nadeau

Defendant and Plaintiff in Warranty

J. B. Savard

Defendant in Warranty and Plaintiff in Sub Warranty

Procedural Posture

Civil Appeal (tort and Warranty Actions) / On Appeal to the Supreme Court of Canada; Motions to Quash and for Leave to Appeal

Legal Issues

  1. 1 Whether costs ordered against a defendant in related warranty and sub-warranty actions may be added to the principal judgment amount for the purpose of meeting the Supreme Court's jurisdictional monetary threshold under s.40 of the Supreme Court Act
  2. 2 Whether s.40's exclusion of 'costs' from the amount or value of the matter in controversy excludes costs that a party is condemned to pay in other connected actions

Ratio Decidendi

Costs that a defendant is condemned to pay in other connected actions (warranty and sub-warranty) constitute part of the amount or value of the matter in controversy and must be added to the principal judgment amount for the purpose of determining whether the statutory jurisdictional monetary threshold under s.40 is met; accordingly the Court had jurisdiction because the aggregated amount exceeded $2,000.

Court Disposition

Motion by respondent to quash appeal dismissed with costs; motion by appellant for leave to appeal dismissed with costs as unnecessary; Court held it has jurisdiction to hear the appeal de piano.

Orders

  • Motion by respondent to quash the appeal dismissed with costs.
  • Motion by appellant for leave to appeal dismissed with costs as unnecessary.