The Rural Municipality of Morris v. The London and Canadian Loan and Agency Company

The Rural Municipality of Morris v. The London and Canadian Loan and Agency Company

The appeal was quashed: the order allowing plaintiffs to sign judgment on a specially indorsed writ was not an appealable matter to this Court because it is either not a "final judgment" within the statutory definition or, as the majority held and Patterson J. also concluded on alternate reasoning, it was an order...

Source-derived case information.

Citation
(1891) 19 SCR 434
Parties
Appellant / Defendant: Rural Municipality of Morris; Respondent / Plaintiff: The London and Canadian Loan and Agency Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 November 1891
Procedural Posture
Appeal / Motion to Quash Appeal for Want of Jurisdiction to Supreme Court of Canada
Outcome
Appeal quashed with costs
Legal Topics
Specially Indorsed Writ, Final Judgment, Judicial Discretion, Statutory Interpretation, Leave to Sign Judgment
Source Language
english
Civil Procedure Appeal Municipal Finance Law Procedural Law Specially Indorsed Writ Final Judgment Judicial Discretion Statutory Interpretation +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rural Municipality of Morris

Appellant / Defendant

The London and Canadian Loan and Agency Company Limited

Respondent / Plaintiff

Procedural Posture

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

Legal Issues

  1. 1 Whether an appeal lies to the Supreme Court of Canada from a Court of Queen’s Bench decision affirming an order allowing plaintiffs to sign judgment on a specially indorsed writ
  2. 2 Whether the order is a "final judgment" within the meaning of the Supreme and Exchequer Courts Act
  3. 3 Whether s.27 of the Act (bar on appeals from orders made in exercise of judicial discretion) precludes the appeal

Ratio Decidendi

The appeal was quashed: the order allowing plaintiffs to sign judgment on a specially indorsed writ was not an appealable matter to this Court because it is either not a "final judgment" within the statutory definition or, as the majority held and Patterson J. also concluded on alternate reasoning, it was an order made in the exercise of judicial discretion and therefore excluded from appeal under s.27 of the Supreme and Exchequer Courts Act.

Court Disposition

Appeal quashed with costs

Orders

  • Appeal quashed with costs