Blaine v. Jamieson

Blaine v. Jamieson

The appeal was quashed because the proceedings originated in a police magistrate and were brought extra cursum curiœ by consent as a stated case; the provincial court's advice in those circumstances is not a final judgment within ss.36-37 of the Supreme Court Act and therefore this Court lacks jurisdiction to entertain the appeal.

Citation
(1908) 41 SCR 25
Parties
Appellants: Arbuthnot Blaine and others, Board of License Commissioners for the City of Saint John, New Brunswick; Respondent: William Jamieson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 November 1908
Procedural Posture
Appeal to Supreme Court of Canada From Order on Stated Case of the Supreme Court of New Brunswick / On Appeal — Jurisdictional Question Under Supreme Court Act; Appeal Quashed
Outcome
Appeal quashed without costs.
Legal Topics
Final Judgment, Stated Case, Originating Court, Supreme Court Act Ss.36 37, Liquor Licensing
Source Language
English
Appellate Jurisdiction Administrative Law Statutory Interpretation Municipal Licensing Final Judgment Stated Case Originating Court Supreme Court Act Ss.36 37 +1 more

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Parties

Arbuthnot Blaine and others, Board of License Commissioners for the City of Saint John, New Brunswick

Appellants

William Jamieson

Respondent

Procedural Posture

Appeal to Supreme Court of Canada From Order on Stated Case of the Supreme Court of New Brunswick / On Appeal — Jurisdictional Question Under Supreme Court Act; Appeal Quashed

Legal Issues

  1. 1 Whether the order/advice given by the Supreme Court of New Brunswick on a stated case is a final judgment within the meaning of the Supreme Court Act
  2. 2 Whether the proceedings originated in a superior court so as to permit appeal to the Supreme Court of Canada under ss.36 and 37 of the Supreme Court Act
  3. 3 Whether a stated case brought extra cursum curiœ by consent from a police magistrate confers appellate jurisdiction on the Supreme Court of Canada

Ratio Decidendi

The appeal was quashed because the proceedings originated in a police magistrate and were brought extra cursum curiœ by consent as a stated case; the provincial court's advice in those circumstances is not a final judgment within ss.36-37 of the Supreme Court Act and therefore this Court lacks jurisdiction to entertain the appeal.

Court Disposition

Appeal quashed without costs.

Orders

  • Appeal quashed.
  • No costs awarded.