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,
affirming the judgment of the Superior Court, District of Montreal, 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.
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