Jackson v. The Queen, [1979] 2 SCR 707

Supreme Court of Canada

Jackson v. The Queen, [1979] 2 S.C.R. 707

Date: 1979-10-16

George Garnett Jackson Appellant;

and

Her Majesty The Queen Respondent.

1979: October 16.

Present: Martland, Ritchie, Pigeon, Dickson and Estey JJ.

MOTION FOR REVERSAL OF JUDGMENT

Expropriation—Agreement to sell after notice of expropriation—Refusal to deliver up property—Action by Crown claiming premises and mesne profits successful at trial and on appeal—Application by Crown for order reversing judgment of Federal Court of Appeal—Federal Court of Canada lacking jurisdiction to entertain Crowns action—Judgment reversed—Supreme Court Act, R.S.C. 1970, c. S-19, s. 75.

APPLICATION on behalf of the Crown, the respondent herein, pursuant to s. 75 of the Supreme Court Act for an order reversing the judgment of the Federal Court of Appeal dated December 1, 1976, on the following grounds: 1. The Federal Court of Canada lacked jurisdiction to entertain the respondent’s action in which the respondent claimed possession of certain premises and mesne profits. 2. By notice given to the appellant herein the respondent consents to reversal of the judgment appealed against on the ground that the Federal Court of Canada did not have jurisdiction to entertain the respondent’s action. Application granted.

Y.A. George Hynna, for the appellant.

W.B. Scarth, for the respondent.

The judgment of the Court was delivered orally by

MARTLAND J.—Pursuant to s. 75 of the Supreme Court Act on the application of the respondent, the judgment of the Federal Court of Appeal is reversed.

The appellant is entitled to his costs throughout.

Judgment accordingly.

[Page 708]

Solicitors for the appellant: W. Charles Johnstone & Co., Richmond.

Solicitor for the respondent: Roger Tassé, Ottawa.