Dunn v. Eaton

Dunn v. Eaton

The judgment below was a common law judgment for deceit in which damages and several ancillary matters were referred to a referee and further consideration was reserved; because that order was not final within the meaning of the Supreme Court Act the Supreme Court of Canada had no jurisdiction to entertain the...

Source-derived case information.

Citation
(1912) 47 SCR 205
Parties
Appellant/defendant: Samuel E. Dunn; Appellant/defendant: The Eastern Trust Company; Respondent/plaintiff: Frederick E. Eaton and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 October 1912
Procedural Posture
Action for Rescission and Deceit; Appeal to Supreme Court of Canada / On Appeal From the Supreme Court of Nova Scotia; Judgment Referring Damages and Other Matters to a Referee and Further Consideration Reserved
Outcome
Appeal quashed for want of jurisdiction; appeal from judgment on counterclaim dismissed with costs.
Legal Topics
Rescission, Deceit (fraudulent Misrepresentation), Reference to Referee, Final Judgment, Appealability, Counterclaim
Source Language
english
Contract Tort Equity Civil Procedure Appeal and Jurisdiction Rescission Deceit (fraudulent Misrepresentation) Reference to Referee +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel E. Dunn

Appellant/defendant

The Eastern Trust Company

Appellant/defendant

Frederick E. Eaton and Others

Respondent/plaintiff

Procedural Posture

Action for Rescission and Deceit; Appeal to Supreme Court of Canada / On Appeal From the Supreme Court of Nova Scotia; Judgment Referring Damages and Other Matters to a Referee and Further Consideration Reserved

Legal Issues

  1. 1 Whether the trial judgment was a final judgment within the meaning of the Supreme Court Act and therefore appealable to the Supreme Court of Canada
  2. 2 Whether the plaintiffs were entitled to equitable rescission or only to common law damages for deceit
  3. 3 Whether referral of damages and other matters to a referee and reservation of further consideration rendered the judgment non-final

Ratio Decidendi

The judgment below was a common law judgment for deceit in which damages and several ancillary matters were referred to a referee and further consideration was reserved; because that order was not final within the meaning of the Supreme Court Act the Supreme Court of Canada had no jurisdiction to entertain the appeal and the appeal was quashed (with the dismissal of the counterclaim appeal on its merits).

Court Disposition

Appeal quashed for want of jurisdiction; appeal from judgment on counterclaim dismissed with costs.

Orders

  • Appeal from judgment in action quashed with costs
  • Appeal from judgment on counterclaim dismissed with costs