Durocher v. Durocher

Durocher v. Durocher

The Supreme Court has no jurisdiction to entertain a requête civile to set aside its appeal judgment once that judgment and the record have been certified to the court of original jurisdiction under R.S.C. s.67; therefore the petition must be dismissed.

Source-derived case information.

Citation
(1897) 27 SCR 634
Parties
Petitioner: Louis alias Wilfrid Durocher; Respondent: Louis Durocher
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 October 1897
Procedural Posture
Civil — Petition in Revocation (requête Civile) Following Petitory Action and Appeal / Petition to Set Aside Final Judgments After Supreme Court Decision and Certification to Original Court Under R.s.c. S.67
Outcome
Petition dismissed with costs
Legal Topics
Revocation of Judgment, Fraudulent Concealment of Evidence, Jurisdiction to Reopen Final Judgments, Certification of Appellate Judgments, Res Judicata/finality
Source Language
english
Civil Procedure Appeal Property Law Revocation of Judgment Fraudulent Concealment of Evidence Jurisdiction to Reopen Final Judgments Certification of Appellate Judgments Res Judicata/finality

Source-derived case record

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Parties

Louis alias Wilfrid Durocher

Petitioner

Louis Durocher

Respondent

Procedural Posture

Civil — Petition in Revocation (requête Civile) Following Petitory Action and Appeal / Petition to Set Aside Final Judgments After Supreme Court Decision and Certification to Original Court Under R.s.c. S.67

Legal Issues

  1. 1 Whether the Supreme Court of Canada has jurisdiction to entertain a requête civile to revoke its own appeal judgment after that judgment and record have been certified to the court of original jurisdiction under R.S.C. s.67
  2. 2 Whether alleged fraudulent concealment of evidence by respondent can support reopening of final judgment in this court in these circumstances
  3. 3 Whether the Superior Court (original jurisdiction) may entertain the petition (left undecided)

Ratio Decidendi

The Supreme Court has no jurisdiction to entertain a requête civile to set aside its appeal judgment once that judgment and the record have been certified to the court of original jurisdiction under R.S.C. s.67; therefore the petition must be dismissed.

Court Disposition

Petition dismissed with costs

Orders

  • Petition dismissed with costs