Tucker v. The King

Tucker v. The King

The petition failed to allege any express or implied contract or legal obligation by the Crown to pay the suppliant; therefore the demurrer was properly maintained and the petition of right dismissed — no cause of action disclosed against the Crown.

Citation
(1902) 32 SCR 722
Parties
Appellant/suppliant: Tucker; Respondent/crown: The King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 May 1902
Procedural Posture
Contract/remuneration Dispute (petition of Right) / Appeal From Exchequer Court; Judgment on Demurrer at Supreme Court of Canada
Outcome
Appeal dismissed with costs; judgment of Exchequer Court affirmed.
Legal Topics
Quantum Meruit, Remuneration of Public Commissioners, Petition of Right, Demurrer, Solicitor Client Fee Analogy
Source Language
English
Contract Public Law Administrative Law Professional Fees Quantum Meruit Remuneration of Public Commissioners Petition of Right Demurrer +1 more

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Parties

Tucker

Appellant/suppliant

The King

Respondent/crown

Procedural Posture

Contract/remuneration Dispute (petition of Right) / Appeal From Exchequer Court; Judgment on Demurrer at Supreme Court of Canada

Legal Issues

  1. 1 Whether the suppliant had any contract or obligation enforceable against the Crown
  2. 2 Whether a solicitor retained and commissioned by the Crown as a commissioner is entitled to remuneration on a quantum meruit basis
  3. 3 Whether appointment under R.S. Canada chs.114–115 created a right to recover fees

Ratio Decidendi

The petition failed to allege any express or implied contract or legal obligation by the Crown to pay the suppliant; therefore the demurrer was properly maintained and the petition of right dismissed — no cause of action disclosed against the Crown.

Court Disposition

Appeal dismissed with costs; judgment of Exchequer Court affirmed.

Orders

  • Appeal dismissed with costs
  • Demurrer maintained; petition of right dismissed with costs