Supreme Court of Canada
Armour v. Township of Onondaga, (1907) 42 S.C.R. 218
Date: 1907-05-29
Armour v. Township of Onondaga.
1907: May 29.
Present: Sir Charles Fitzpatrick C.J. and Davies, Idington, Maclennan and Duff JJ.
Appeal per saltum—Jurisdiction.
Motion for leave to appeal per saltum from the judgment of Riddell J., in the King's Bench Division of the High Court of Justice for Ontario, refusing to quash a by-law of the municipality.
The objection to the by-law was that it assumed to affect an Indian Reservation over which neither the corporation nor the Legislature of Ontario had any municipal authority. The appellant had, through no fault of his own, as he contended, been too late to appeal to a Divisional Court and leave for an extension of time was refused. Counsel supporting the motion admitted that he had no right to appeal to the Court of Appeal for Ontario.
The motion was refused by the Supreme Court of Canada, Ottawa Electric Co. v. Brennan being followed.
Motion refused with costs.
Mackenzie for the motion.
Brewster contra.
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