Robinson, Little & Co. v. Scott & Son

Robinson, Little & Co. v. Scott & Son

Majority: the matter in controversy is the property represented by the cheque and its proceeds; because the cheque exceeded $1,000 the statutory threshold in s.48(c) was met and the motion to quash the appeal was dismissed, so the appeal lies as of right.

Citation
(1907) 38 SCR 490
Parties
Plaintiff/appellant: Robinson, Little & Co.; Defendant: M. McGillivray; Defendant/respondent: J.W. Scott & Son
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 April 1907
Procedural Posture
Appeal / Jurisdictional Motion (motion to Quash)
Outcome
Motion to quash dismissed with costs; appeal permitted to proceed to this Court
Legal Topics
Creditor's Representative Action, Transfer of Cheque, Preferences and Preferential Payments, Amount in Controversy, Supreme Court Act S.48(c)
Source Language
English
Civil Procedure Appeal Jurisdiction Insolvency and Bankruptcy Civil Remedies Creditor's Representative Action Transfer of Cheque Preferences and Preferential Payments Amount in Controversy +1 more

Case Brief

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Parties

Robinson, Little & Co.

Plaintiff/appellant

M. McGillivray

Defendant

J.W. Scott & Son

Defendant/respondent

Procedural Posture

Appeal / Jurisdictional Motion (motion to Quash)

Legal Issues

  1. 1 Whether an appeal lies as of right under s.48(c) of the Supreme Court Act where a representative creditor seeks to set aside a transfer of property as a preference
  2. 2 What constitutes the matter in controversy for appeal jurisdiction: the plaintiff's personal claim or the value of the property sought to be recovered for all creditors
  3. 3 Whether the post-judgment payment reducing the plaintiff's personal claim below the statutory threshold ousts appellate jurisdiction

Ratio Decidendi

Majority: the matter in controversy is the property represented by the cheque and its proceeds; because the cheque exceeded $1,000 the statutory threshold in s.48(c) was met and the motion to quash the appeal was dismissed, so the appeal lies as of right.

Court Disposition

Motion to quash dismissed with costs; appeal permitted to proceed to this Court

Orders

  • Motion to quash dismissed with costs