Corporation des Opticiens d’ordonnances du Québec v. Valentine et al.

Corporation des Opticiens d’ordonnances du Québec v. Valentine et al.

Majority: s.32 of the Dispensing Opticians Act makes the proceeding a civil action with fines belonging to the Corporation; a single creditor sued for an aggregate debt via joinder of causes under art.66 yields a matter in controversy of $12,600, exceeding the $10,000 threshold, therefore this Court has jurisdiction and the motion to quash must be dismissed.

Citation
[1972] SCR 478
Parties
Appellant Plaintiff: Corporation of Dispensing Opticians of the Province of Quebec; Respondent Defendant: The Legal Heirs and Representatives of the Late Pierre Valentine; Respondent Defendant: Le Service D’optique Élite Ltée
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 December 1971
Procedural Posture
Appeal / Motion to Quash of Appeal Lodged De Plano
Outcome
Motion to quash dismissed (Pigeon J. dissenting)
Legal Topics
Motion to Quash, Matter in Controversy, Joinder of Causes of Action, Appeal Jurisdiction, Provincial Statute Civil Enforcement
Source Language
English
Appeal Jurisdiction Civil Procedure Criminal Law Statutory Interpretation Motion to Quash Matter in Controversy Joinder of Causes of Action +2 more

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Parties

Corporation of Dispensing Opticians of the Province of Quebec

Appellant Plaintiff

The Legal Heirs and Representatives of the Late Pierre Valentine

Respondent Defendant

Le Service D’optique Élite Ltée

Respondent Defendant

Procedural Posture

Appeal / Motion to Quash of Appeal Lodged De Plano

Legal Issues

  1. 1 Whether the judgment is in a "criminal cause" within meaning of Supreme Court Act and requires leave to appeal
  2. 2 Whether the amount in controversy is the aggregate of fines or must be considered per individual offence
  3. 3 Whether joinder of multiple causes of action by a single creditor affects this Court's jurisdiction

Ratio Decidendi

Majority: s.32 of the Dispensing Opticians Act makes the proceeding a civil action with fines belonging to the Corporation; a single creditor sued for an aggregate debt via joinder of causes under art.66 yields a matter in controversy of $12,600, exceeding the $10,000 threshold, therefore this Court has jurisdiction and the motion to quash must be dismissed.

Court Disposition

Motion to quash dismissed (Pigeon J. dissenting)

Orders

  • Motion to quash dismissed with costs