Boily v. McNulty

Boily v. McNulty

Leave to appeal to the Supreme Court of Canada was granted because the issue—whether the Montreal Superior Court had jurisdiction under the Bankruptcy Act to hear a petition against a debtor resident and carrying on business in Roberval—affects court jurisdiction under the Bankruptcy Act and is of general importance; the Supreme Court's competency in such matters is derived from the Bankruptcy Act (s.74) and not the Supreme Court Act.

Citation
[1927] SCR 275
Parties
Appellant (debtor): Armand Boily; Respondent (petitioner): J. W. McNulty
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 March 1927
Procedural Posture
Bankruptcy Appeal / Application for Leave to Appeal to Supreme Court of Canada (motion)
Outcome
Motion for leave to appeal granted.
Legal Topics
Locality of Debtor, Jurisdiction of Superior Courts, Interpretation of Bankruptcy Act S.2x and S.4, Leave to Appeal
Source Language
English
Bankruptcy Civil Procedure Appellate Jurisdiction Judicial Review Locality of Debtor Jurisdiction of Superior Courts Interpretation of Bankruptcy Act S.2x and S.4 Leave to Appeal

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Parties

Armand Boily

Appellant (debtor)

J. W. McNulty

Respondent (petitioner)

Procedural Posture

Bankruptcy Appeal / Application for Leave to Appeal to Supreme Court of Canada (motion)

Legal Issues

  1. 1 Whether the Supreme Court of Canada has competency in bankruptcy matters absent specific grant in the Bankruptcy Act
  2. 2 Whether the Superior Court of Quebec sitting in Montreal had jurisdiction to hear a receiving order against a debtor resident and carrying on business in Roberval
  3. 3 How to interpret 'locality of the debtor' under the Bankruptcy Act (paragraphs a, b, c of s.2x)

Ratio Decidendi

Leave to appeal to the Supreme Court of Canada was granted because the issue—whether the Montreal Superior Court had jurisdiction under the Bankruptcy Act to hear a petition against a debtor resident and carrying on business in Roberval—affects court jurisdiction under the Bankruptcy Act and is of general importance; the Supreme Court's competency in such matters is derived from the Bankruptcy Act (s.74) and not the Supreme Court Act.

Court Disposition

Motion for leave to appeal granted.

Orders

  • Leave to appeal to the Supreme Court of Canada granted
  • The appeal shall operate as a stay of proceedings until finally determined by the Supreme Court of Canada