Laing v. Toronto General Trusts Corpn.

Laing v. Toronto General Trusts Corpn.

The appeal was quashed because the impugned decision was essentially procedural, the Court will not disturb a provincial court of last resort on such procedural rulings, and it was plain that if the appeal were heard in the ordinary way it would be dismissed.

Citation
[1941] SCR 32
Parties
Appellant / Plaintiff: Mary Brodie Laing; Respondent / Defendant: The Toronto General Trusts Corporation
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 October 1940
Procedural Posture
Appeal to Supreme Court of Canada / Motion to Quash for Want of Jurisdiction
Outcome
Appeal quashed
Legal Topics
Motion to Quash, Originating Notice of Motion, Jurisdiction, Final Judgment Under S.36, Costs, Termination of Trust
Source Language
English
Appeal Civil Procedure Trusts Law Practice and Procedure Motion to Quash Originating Notice of Motion Jurisdiction Final Judgment Under S.36 +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

Mary Brodie Laing

Appellant / Plaintiff

The Toronto General Trusts Corporation

Respondent / Defendant

Procedural Posture

Appeal to Supreme Court of Canada / Motion to Quash for Want of Jurisdiction

Legal Issues

  1. 1 Whether the judgment appealed from is a final judgment within s.36 of the Supreme Court Act
  2. 2 Whether the Court should interfere with a provincial court of last resort's ruling on procedural grounds
  3. 3 Whether the appeal should be quashed for want of jurisdiction because the matter is procedural and would, if heard, be dismissed

Ratio Decidendi

The appeal was quashed because the impugned decision was essentially procedural, the Court will not disturb a provincial court of last resort on such procedural rulings, and it was plain that if the appeal were heard in the ordinary way it would be dismissed.

Court Disposition

Appeal quashed

Orders

  • Appeal quashed
  • No costs of the motion or the appeal (initial direction)