Dovenmuehle, Inc. v. The Rocca Group Inc.

[1982] 2 SCR 534 Court SCC Decision date 1982-10-07 Docket 16684 English

PartiesDovenmuehle, Inc. Appellant·The Rocca Group Inc. Respondent

Counsel (4)

T.B. Drummie, Q.C. and D.P. Pappas, Q.C., for the appellant.
Mark Giberson, for the respondent.
Solicitors for the appellant: Clark, Drummie & Company, Saint John.
Solicitors for the respondent: Palmer, O’Connell, Leger, Turnbull & Turnbull, Saint John.

Judges Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha

Decision 6–1 Majority (6) · DICKSON J. (1)

On appeal from New Brunswick

Subjects Action

Majority

The judgment of the Court was delivered orally by

DICKSON J.

DICKSON J.—It will not be necessary to call upon you Mr. Giberson. We adopt the following passage from the judgment of the Court of Appeal of New Brunswick at page 439 of the case:

In my opinion, the Act must be interpreted as would any other New Brunswick statute. Having regard to the plain meaning of the words of s. 2(c)(ii) of the Act, I think there can be no doubt that, as a matter of New Brunswick law, the appearance entered and the motion made by counsel for Rocca in the Illinois Court cannot be said to have been made “without protest” as contem-

[Page 535]

plated by that section of the. Act, and that Rocca’s appearance entered in the Illinois Court merely to protest the jurisdiction of that Court did not amount to its voluntary submission to that Court’s jurisdiction.

The appeal is accordingly dismissed with costs.

Judgment accordingly.

Solicitors for the appellant: Clark, Drummie & Company, Saint John.

Solicitors for the respondent: Palmer, O’Connell, Leger, Turnbull & Turnbull, Saint John.

Statutes and regulations cited

Unresolved citations
- s. 2(c)(ii)