Shelburne Election Case

Shelburne Election Case

The Chief Justice properly exercised his statutory discretion in extending the time for service of the election petition given the short five‑day period, distance to Ottawa and risks of delay in mail and uncertainty of the respondent's location; absent strong and substantial reasons this Court will not interfere with that discretionary determination and therefore the appeal is dismissed.

Citation
(1887) 14 SCR 258
Parties
Appellant: Thomas Robertson; Respondents: John Wimburn Laurie, et al
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 February 1887
Procedural Posture
Controverted Election (election Petition) / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia on Preliminary Objections
Outcome
Appeal dismissed with costs
Legal Topics
Service of Process, Extension of Time, Discretion of Judge, Jurisdiction to Serve Out of Province, Preliminary Objections, Appeals on Interlocutory Matters
Source Language
English
Election Law Civil Procedure Judicial Review Procedural Law Service of Process Extension of Time Discretion of Judge Jurisdiction to Serve Out of Province +2 more

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Parties

Thomas Robertson

Appellant

John Wimburn Laurie, et al

Respondents

Procedural Posture

Controverted Election (election Petition) / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia on Preliminary Objections

Legal Issues

  1. 1 Whether an order extending time for service of an election petition beyond the five days permitted was lawful under R. S. C. ch. 9 sec. 10
  2. 2 Whether the Supreme Court of Nova Scotia had power to make rules for service of petitions out of the province
  3. 3 Whether an appeal should lie from a decision on preliminary objections and when appellate interference with a judge's discretion is appropriate

Ratio Decidendi

The Chief Justice properly exercised his statutory discretion in extending the time for service of the election petition given the short five‑day period, distance to Ottawa and risks of delay in mail and uncertainty of the respondent's location; absent strong and substantial reasons this Court will not interfere with that discretionary determination and therefore the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs