Dressler v. Tallman Gravel & Sand Supply Ltd.

Dressler v. Tallman Gravel & Sand Supply Ltd.

The stated case complied with the Court of Appeal rules and raised questions of law determinable on the face of the information and the papers; every fact necessary to decide the legal issues was before the court; the appropriate procedure was to decide the questions of law on the stated case (or remit for amendment under s.740), not to quash the case or require mandamus; accordingly the Court of Appeal erred in quashing the stated case and its order was set aside and the matter remitted for determination on the merits.

Citation
[1962] SCR 564
Parties
Appellant (complainant): Walter Dressler; Respondent (defendant): Tallman Gravel & Sand Supply Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 June 1962
Procedural Posture
Criminal Appeal (stated Case) / Appeal to Supreme Court of Canada by Special Leave From the Court of Appeal for Manitoba
Outcome
Appeal allowed; order of the Court of Appeal set aside
Legal Topics
Stated Case, Limitation Period, Duplicity of Information, Amendment of Information, Magistrate Jurisdiction, Overtime Pay
Source Language
English
Criminal Law Labour and Employment Law Procedure Stated Case Limitation Period Duplicity of Information Amendment of Information Magistrate Jurisdiction +1 more

Case Brief

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Parties

Walter Dressler

Appellant (complainant)

Tallman Gravel & Sand Supply Ltd.

Respondent (defendant)

Procedural Posture

Criminal Appeal (stated Case) / Appeal to Supreme Court of Canada by Special Leave From the Court of Appeal for Manitoba

Legal Issues

  1. 1 Whether the stated case raised questions of law
  2. 2 Whether the stated case contained sufficient facts to decide the questions of law
  3. 3 Whether the six‑month limitation under s.693(2) applied to the offences charged

Ratio Decidendi

The stated case complied with the Court of Appeal rules and raised questions of law determinable on the face of the information and the papers; every fact necessary to decide the legal issues was before the court; the appropriate procedure was to decide the questions of law on the stated case (or remit for amendment under s.740), not to quash the case or require mandamus; accordingly the Court of Appeal erred in quashing the stated case and its order was set aside and the matter remitted for determination on the merits.

Court Disposition

Appeal allowed; order of the Court of Appeal set aside

Orders

  • Appeal allowed; order of the Court of Appeal set aside and matter returned to that Court to be dealt with on the merits.
  • Respondent to pay costs in this Court and costs in the Court of Appeal to the appellant forthwith after taxation.