Halifax Election Cases (Roche v. Hetherington / Carney v. Hetherington)

Halifax Election Cases (Roche v. Hetherington / Carney v. Hetherington)

No appeal lies to the Supreme Court of Canada from interlocutory orders of judges assigned to try election petitions fixing the date for trial; appeals are confined to final judgments or decisions on questions of law or fact after the petition has been tried; consequently the appeals were quashed.

Citation
(1907) 39 SCR 401
Parties
Appellant: William Roche; Appellant: Micheal Carney; Respondent/petitioner: Frederic W. Hetherington
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 November 1907
Procedural Posture
Controverted Election — Appeal From Interlocutory Orders / Interlocutory Appeal Against Trial Judges' Order Fixing Trial Date After Remittal From Prior Appeal
Outcome
Appeals quashed with costs
Legal Topics
Controverted Election, Fixing Time for Trial, Jurisdiction, Appealability, Laches
Source Language
English
Elections Appellate Procedure Controverted Election Fixing Time for Trial Jurisdiction Appealability Laches

Case Brief

Summary, issues, holding and outcome

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Parties

William Roche

Appellant

Micheal Carney

Appellant

Frederic W. Hetherington

Respondent/petitioner

Procedural Posture

Controverted Election — Appeal From Interlocutory Orders / Interlocutory Appeal Against Trial Judges' Order Fixing Trial Date After Remittal From Prior Appeal

Legal Issues

  1. 1 Whether an appeal lies to the Supreme Court of Canada from an order of judges assigned to try an election petition fixing the date for trial
  2. 2 Whether the prior order of this Court that the trial be resumed amounted to a commencement of trial that prevents resetting the date
  3. 3 Whether delay by petitioners (laches) barred the resumption of the trial

Ratio Decidendi

No appeal lies to the Supreme Court of Canada from interlocutory orders of judges assigned to try election petitions fixing the date for trial; appeals are confined to final judgments or decisions on questions of law or fact after the petition has been tried; consequently the appeals were quashed.

Court Disposition

Appeals quashed with costs

Orders

  • Appeals quashed with costs
  • Election appeals to be placed at head of the docket and heard first unless the court orders otherwise