Prevost v. Bedard

Prevost v. Bedard

A majority of the Court held that where a formal judgment contains an accidental omission that defeats effective relief, the Court may vary its formal judgment after transmission to the lower court to insert a direction for amendment of pleadings/judgment to cure the defect; the exercise of that power is discretionary and may be conditioned on payment of costs by the party who caused or failed to prevent the omission.

Citation
(1915) 51 SCR 629
Parties
Appellant: Prevost; Respondent: Bedard
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 May 1915
Procedural Posture
Appeal; Post Judgment Motion / Motion to Vary Formal Judgment After Transmission to Lower Court
Outcome
Application granted (majority) with dissenting opinions
Legal Topics
Recalling Judgment, Amendment of Pleadings, Correction of Clerical Error, Jurisdiction to Amend, Costs, Settlement of Minutes
Source Language
English
Civil Procedure Appeal Property Law Recalling Judgment Amendment of Pleadings Correction of Clerical Error Jurisdiction to Amend Costs +1 more

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Parties

Prevost

Appellant

Bedard

Respondent

Procedural Posture

Appeal; Post Judgment Motion / Motion to Vary Formal Judgment After Transmission to Lower Court

Legal Issues

  1. 1 Whether the Supreme Court can vary its formal judgment after transmission to the court below to permit amendment of pleadings to secure effective relief
  2. 2 Whether the omission in the formal judgment was an accidental slip or oversight enabling correction by this Court
  3. 3 Whether the power to amend the Court's formal judgment extends to collateral matters not actually or constructively involved in the decision

Ratio Decidendi

A majority of the Court held that where a formal judgment contains an accidental omission that defeats effective relief, the Court may vary its formal judgment after transmission to the lower court to insert a direction for amendment of pleadings/judgment to cure the defect; the exercise of that power is discretionary and may be conditioned on payment of costs by the party who caused or failed to prevent the omission.

Court Disposition

Application granted (majority) with dissenting opinions

Orders

  • Formal judgment varied by inserting direction that the judgment appealed from and the plaintiff's declaration be amended to correct the inadequate description of the lands (inserting cadastral reference)
  • Variation granted only on condition that the party moving for the amendment pay the costs of the motion