Foundation Co. of Canada Ltd. v. Prince Albert Pulp Co. Ltd.

Foundation Co. of Canada Ltd. v. Prince Albert Pulp Co. Ltd.

Section 71(2) of the Supreme Court Act mandates that where execution has already been stayed in the case, that stay continues until the Supreme Court decides the appeal without any new fiat by the Court of Appeal; accordingly the trial judge's stay continued and the appeal was dismissed.

Citation
[1976] 1 SCR 33
Parties
Appellant / Plaintiff: Foundation Company of Canada Ltd.; Respondent / Defendant: Prince Albert Pulp Company Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 December 1974
Procedural Posture
Mechanics' Lien Action; Statutory Appeal Under the Supreme Court Act / Appeal to the Supreme Court of Canada From the Court of Appeal for Saskatchewan
Outcome
Appeal dismissed with costs.
Legal Topics
Stay of Execution, Mechanics' Lien, Supreme Court Act Ss.70 71, Writ of Execution, Security for Costs
Source Language
English
Civil Procedure Property Law Appeals Statutory Interpretation Stay of Execution Mechanics' Lien Supreme Court Act Ss.70 71 Writ of Execution +1 more

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Parties

Foundation Company of Canada Ltd.

Appellant / Plaintiff

Prince Albert Pulp Company Ltd.

Respondent / Defendant

Procedural Posture

Mechanics' Lien Action; Statutory Appeal Under the Supreme Court Act / Appeal to the Supreme Court of Canada From the Court of Appeal for Saskatchewan

Legal Issues

  1. 1 Whether a stay of execution granted by the trial judge continues pending an appeal to the Supreme Court without a new fiat by the Court of Appeal under s.71(2) of the Supreme Court Act
  2. 2 Whether the exceptions in s.70(1) requiring security apply so as to prevent continuation of the stay
  3. 3 Whether the writ of execution should be set aside against the respondent

Ratio Decidendi

Section 71(2) of the Supreme Court Act mandates that where execution has already been stayed in the case, that stay continues until the Supreme Court decides the appeal without any new fiat by the Court of Appeal; accordingly the trial judge's stay continued and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.