Montreal Abattoirs Ltd. v. The City of Montreal

Montreal Abattoirs Ltd. v. The City of Montreal
Collection
Supreme Court Judgments
Date
1918-11-14
Report
(1918) 59 SCR 681
On appeal from
Quebec
Subjects
Appeal
Decision Content
Supreme Court of Canada
Montreal Abattoirs Ltd. v. The City of Montreal, (1918) 59 S.C.R. 681
Date: 1918-11-14
Montreal Abattoirs Ltd. v. The City of Montreal.
1917: November 5; 1917: November 28; 1918: November 14.
ON APPEAL FROM THE COURT OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC.
Appeal—Jurisdiction—Prohibition.
APPEAL from the judgment of the Court of King's Bench, appeal side[1], affirming the judgment of the Superior Court, District of Montreal[2], and quashing the writ of prohibition issued at the request of the appellant.
The appellant was condemned by the Recorder's Court in Montreal of having caused illegally a public nuisance on its property by operating rendering houses. He then took proceedings by way of the issuance of a writ of prohibition, alleging that the Recorder's Court had no jurisdiction to hear the case.
The trial judge dismissed the action and this judgment was affirmed by the Court of King's Bench, appeal side.
On appeal to the Supreme Court of Canada, the respondent moved to quash the appeal for want of jurisdiction. After hearing counsel on behalf of both parties, the court reserved judgment, and, on a subsequent date, ordered that the motion should stand until the hearing on the merits. On the date of the hearing, the court granted the motion to quash for want of jurisdiction.
Motion granted with costs.
Laurendeau K.C. for the motion.
Buchanan K.C. and Monty K.C. contra.
[1] Q.R. 27 K.B. 162.
[2] 23 Rev. de Jur. 470.