Argenteuil Election Case (Christie v. Morrison)

Argenteuil Election Case (Christie v. Morrison)

The prothonotary's receipt and the actual presence of a Dominion note for $1,000 constituted sufficient compliance with section 9(f) of the Dominion Controverted Elections Act; describing the note as a 'bank note' did not invalidate the deposit and the preliminary objection failed, so the appeal is dismissed with...

Source-derived case information.

Citation
(1892) 20 SCR 194
Parties
Appellant: Thomas Christie; Respondents: George Morrison and others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 February 1892
Procedural Posture
Controverted Election (election Petition) / Appeal to Supreme Court of Canada From Superior Court for Lower Canada on Preliminary Objections
Outcome
Appeal dismissed with costs.
Legal Topics
Deposit of Security, Legal Tender, Controverted Elections Act Interpretation, Preliminary Objection
Source Language
english
Elections Electoral Law Statutory Interpretation Deposit of Security Legal Tender Controverted Elections Act Interpretation Preliminary Objection

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Parties

Thomas Christie

Appellant

George Morrison and others

Respondents

Procedural Posture

Controverted Election (election Petition) / Appeal to Supreme Court of Canada From Superior Court for Lower Canada on Preliminary Objections

Legal Issues

  1. 1 Whether the deposit and prothonotary's receipt complied with section 9(f) of the Dominion Controverted Elections Act (R.S.G. ch. 9 sec. 9(f))
  2. 2 Whether describing the note as a 'bank note' in the receipt rendered the deposit invalid
  3. 3 Whether further evidence was necessary to establish the character of the deposit

Ratio Decidendi

The prothonotary's receipt and the actual presence of a Dominion note for $1,000 constituted sufficient compliance with section 9(f) of the Dominion Controverted Elections Act; describing the note as a 'bank note' did not invalidate the deposit and the preliminary objection failed, so the appeal is dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.