In Re Strathcona Fire Ins. Co. v. Lemire Nicol.

In Re Strathcona Fire Ins. Co. v. Lemire Nicol.

Because the Supreme Court's directive to transmit the record had been duly certified and sent, the chambers judge lacked jurisdiction to suspend execution; the Superior Court alone could grant such a suspension pending an application for leave to appeal to the Privy Council.

Citation
[1924] SCR 510
Parties
Subject Company: Strathcona Fire Insurance Company (in liquidation); Appellants: J. E. Lemire and others; Respondents: The Honourable J. Nicol and others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1924
Procedural Posture
Appeal / Motion for Stay of Execution Pending Petition for Leave to Appeal to the Privy Council
Outcome
Motion dismissed
Legal Topics
Stay of Execution, Transmission of Record, Leave to Appeal to Privy Council, Jurisdiction of Courts
Source Language
English
Appeal Civil Procedure Jurisdiction Stay of Execution Transmission of Record Leave to Appeal to Privy Council Jurisdiction of Courts

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Parties

Strathcona Fire Insurance Company (in liquidation)

Subject Company

J. E. Lemire and others

Appellants

The Honourable J. Nicol and others

Respondents

Procedural Posture

Appeal / Motion for Stay of Execution Pending Petition for Leave to Appeal to the Privy Council

Legal Issues

  1. 1 Whether a judge in chambers has jurisdiction to grant a stay of execution after the Supreme Court's order to transmit the record has been certified and sent to the trial court
  2. 2 Whether only the Superior Court can suspend proceedings to permit an application for leave to appeal to the Privy Council once the record has been transmitted

Ratio Decidendi

Because the Supreme Court's directive to transmit the record had been duly certified and sent, the chambers judge lacked jurisdiction to suspend execution; the Superior Court alone could grant such a suspension pending an application for leave to appeal to the Privy Council.

Court Disposition

Motion dismissed

Orders

  • Motion dismissed
  • Application dismissed without costs