Valinski v. Bacon / In re Webber

Valinski v. Bacon / In re Webber

The en banc order of the Supreme Court of Nova Scotia purporting to extend the Rule 72 period was made without jurisdiction; Rule 72's thirty‑day limit is jurisdictional such that a judge of the Supreme Court of Canada had no jurisdiction to entertain the out‑of‑time application and the application must be dismissed.

Citation
[1931] SCR 498
Parties
Applicant: Max Valinsky; Respondent/trustee: G. R. Bacon; Debtor/assignor: Louis Webber
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 April 1931
Procedural Posture
Bankruptcy — Application for Special Leave to Appeal to Supreme Court of Canada / In Chambers — Application for Special Leave to Appeal From Decision of Supreme Court of Nova Scotia En Banc
Outcome
Application for special leave dismissed with costs.
Legal Topics
Extension of Time, Jurisdiction to Grant Leave to Appeal, Statutory Time Limits, Bankruptcy Rules
Source Language
English
Bankruptcy and Insolvency Civil Procedure Extension of Time Jurisdiction to Grant Leave to Appeal Statutory Time Limits Bankruptcy Rules

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Parties

Max Valinsky

Applicant

G. R. Bacon

Respondent/trustee

Louis Webber

Debtor/assignor

Procedural Posture

Bankruptcy — Application for Special Leave to Appeal to Supreme Court of Canada / In Chambers — Application for Special Leave to Appeal From Decision of Supreme Court of Nova Scotia En Banc

Legal Issues

  1. 1 Whether a court can extend the 30‑day period in Bankruptcy Rule 72 for applying for special leave to appeal to the Supreme Court of Canada
  2. 2 Whether the Supreme Court of Nova Scotia en banc had jurisdiction to extend that time
  3. 3 Whether a judge of the Supreme Court of Canada has jurisdiction to entertain an application made after the Rule 72 period

Ratio Decidendi

The en banc order of the Supreme Court of Nova Scotia purporting to extend the Rule 72 period was made without jurisdiction; Rule 72's thirty‑day limit is jurisdictional such that a judge of the Supreme Court of Canada had no jurisdiction to entertain the out‑of‑time application and the application must be dismissed.

Court Disposition

Application for special leave dismissed with costs.

Orders

  • Application dismissed with costs.