Goodison Thresher Co. v. Corporation of McNAB

Goodison Thresher Co. v. Corporation of McNAB

Once the sixty day statutory period for bringing an appeal has expired the Supreme Court of Canada has no jurisdiction to grant special leave to appeal and an order of the Court of Appeal extending time cannot confer jurisdiction on this Court to grant such leave.

Citation
(1910) 42 SCR 694
Parties
Appellant/plaintiff: The John Goodison Thresher Company; Respondent/defendant: The Corporation of the Township of McNAB
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 February 1910
Procedural Posture
Appeal / Application for Special Leave to Appeal After Court of Appeal Judgment
Outcome
Application for special leave dismissed.
Legal Topics
Special Leave, Time Limit for Appeal, Extension of Time, Jurisdiction, Statutory Limitation
Source Language
English
Appeal Civil Liability Negligence Procedural Law Special Leave Time Limit for Appeal Extension of Time Jurisdiction +1 more

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Parties

The John Goodison Thresher Company

Appellant/plaintiff

The Corporation of the Township of McNAB

Respondent/defendant

Procedural Posture

Appeal / Application for Special Leave to Appeal After Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Supreme Court of Canada has jurisdiction to grant special leave to appeal after the 60 day statutory period has expired
  2. 2 Whether an order of the Court of Appeal extending the time to appeal enables the Supreme Court to grant special leave after the statutory time limit

Ratio Decidendi

Once the sixty day statutory period for bringing an appeal has expired the Supreme Court of Canada has no jurisdiction to grant special leave to appeal and an order of the Court of Appeal extending time cannot confer jurisdiction on this Court to grant such leave.

Court Disposition

Application for special leave dismissed.

Orders

  • Motion dismissed with costs.