Drysdale v. Dominion Coal Co.

Drysdale v. Dominion Coal Co.

The Supreme Court held that the provincial court's quashing of the appeals as not being from an appealable decision is final and estops the parties and the commissioner from treating the matter as already decided; where no appealable decision exists the applicant may seek mandamus to compel the commissioner to decide.

Citation
(1904) 34 SCR 328
Parties
Appellant / Commissioner of Public Works and Mines: Arthur Drysdale; Respondent / Applicant for Lease: The Dominion Coal Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 February 1904
Procedural Posture
Civil Appeal / Final Judgment on Appeal to the Supreme Court of Canada
Outcome
Appeal dismissed with costs; mandamus relief permitting the commissioner to consider the company's application is sustained.
Legal Topics
Mandamus, Appealability, Estoppel, Functus Officio, Commissioner Decisions
Source Language
English
Civil Procedure Administrative Law Mining Law Judicial Review Mandamus Appealability Estoppel Functus Officio +1 more

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Parties

Arthur Drysdale

Appellant / Commissioner of Public Works and Mines

The Dominion Coal Company

Respondent / Applicant for Lease

Procedural Posture

Civil Appeal / Final Judgment on Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether the quashing of an appeal by a provincial appellate court that a decision was not appealable is final and binding on the applicant and the commissioner
  2. 2 Whether a commissioner who declines to decide an application after an appeal has been quashed can be compelled to decide by writ of mandamus
  3. 3 Whether the commissioner's purported decisions were sufficiently certain and appealable

Ratio Decidendi

The Supreme Court held that the provincial court's quashing of the appeals as not being from an appealable decision is final and estops the parties and the commissioner from treating the matter as already decided; where no appealable decision exists the applicant may seek mandamus to compel the commissioner to decide.

Court Disposition

Appeal dismissed with costs; mandamus relief permitting the commissioner to consider the company's application is sustained.

Orders

  • Appeal dismissed with costs.
  • Order for a writ of mandamus compelling the Commissioner to take into consideration the Dominion Coal Company's application for a lease is affirmed.