McKee v. City of Winnipeg

McKee v. City of Winnipeg

The appeal was quashed for want of jurisdiction because the trial judgment, although in form single, in substance comprised two separate judgments arising from distinct causes of action and each plaintiff's award ($1,000 and $1,500) was insufficient individually to confer jurisdiction on this Court.

Source-derived case information.

Citation
[1930] SCR 133
Parties
Plaintiff/appellant: David McKee; Plaintiff/appellant: Elizabeth McKee; Defendant/respondent: The City of Winnipeg
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 October 1929
Procedural Posture
Civil Appeal / Appeal to the Supreme Court of Canada on Record From Court of Appeal for Manitoba; Jurisdictional Question and Application for Leave to Appeal
Outcome
Appeal quashed for want of jurisdiction; application for leave to appeal refused.
Legal Topics
Negligence, Gross Negligence, Jurisdictional Amount, Separate Causes of Action, Damages
Source Language
english
Tort Civil Procedure Municipal Liability Appeal Jurisdiction Negligence Gross Negligence Jurisdictional Amount Separate Causes of Action +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

David McKee

Plaintiff/appellant

Elizabeth McKee

Plaintiff/appellant

The City of Winnipeg

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court of Canada on Record From Court of Appeal for Manitoba; Jurisdictional Question and Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Supreme Court of Canada had jurisdiction given separate awards to two plaintiffs below the monetary threshold
  2. 2 Whether the plaintiffs' claims constituted separate causes of action or a joint action for aggregate jurisdictional purposes
  3. 3 Whether special leave to appeal was required or properly granted/refused

Ratio Decidendi

The appeal was quashed for want of jurisdiction because the trial judgment, although in form single, in substance comprised two separate judgments arising from distinct causes of action and each plaintiff's award ($1,000 and $1,500) was insufficient individually to confer jurisdiction on this Court.

Court Disposition

Appeal quashed for want of jurisdiction; application for leave to appeal refused.

Orders

  • Appeal quashed for want of jurisdiction
  • Application for special leave to appeal refused