Wineberg v. Hampson

Wineberg v. Hampson

The appeal was quashed because the Supreme Court lacked jurisdiction: the judgment involved no controversy of $2,000 or more and did not raise a question of title to land or future rights within s.29(b); a servitude claim alone does not confer jurisdiction.

Source-derived case information.

Citation
(1891) 19 SCR 369
Parties
Appellants: Dame Sophie Wineberg et vir; Respondent: Robert Hampson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 November 1891
Procedural Posture
Appeal to Supreme Court of Canada / Motion to Quash Appeal for Want of Jurisdiction
Outcome
Appeal quashed with costs.
Legal Topics
Servitude, Title to Land, Appeal Jurisdiction, Supreme and Exchequer Court's Act Section 29(b)
Source Language
english
Municipal Law Property Law Civil Procedure Appellate Jurisdiction Servitude Title to Land Appeal Jurisdiction Supreme and Exchequer Court's Act Section 29(b)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dame Sophie Wineberg et vir

Appellants

Robert Hampson

Respondent

Procedural Posture

Appeal to Supreme Court of Canada / Motion to Quash Appeal for Want of Jurisdiction

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction under s.29(b) of the Supreme and Exchequer Court's Act to hear this appeal
  2. 2 Whether the judgment affects title to lands or future rights within the meaning of s.29(b)
  3. 3 Whether a claim based on servitude constitutes a title to lands or a right to title sufficient to confer appeal jurisdiction

Ratio Decidendi

The appeal was quashed because the Supreme Court lacked jurisdiction: the judgment involved no controversy of $2,000 or more and did not raise a question of title to land or future rights within s.29(b); a servitude claim alone does not confer jurisdiction.

Court Disposition

Appeal quashed with costs.

Orders

  • Appeal quashed with costs