Majority
SAMUEL McBRIDE
MOTION by the respondent to quash the appeal.
Judgment of the Court
C.J.C.-The plaintiff (McBride) seeks to compel the defendant club to register him as an assignee of a share of its capital stock.
This relief, denied by the trial judge, having been accorded by the Appellate Divisional Court, the defendant now appeals to this court. Under the authority of s. 41 of the Supreme Court Act the Appellate Divisional Court granted special leave to appeal and, the application therefor having been brought on after the expiry of the 60 days prescribed by s. 69 of the Supreme Court Act, the court by its order, exercising the power conferred by s. 71 of the Supreme Court Act, also extended the time for bringing the appeal to the 15th of February, 1926.
The appeal having been duly launched under the terms of this order the plaintiff now moves to quash it. The sole ground relied on at bar in support of the motion was that the power conferred by s. 71 cannot be exercised where special leave to appeal is necessary.
In our opinion this objection cannot be maintained. S. 39 of the Supreme Court Act subjects the right of appeal conferred by s. 36 to two alternative conditions: either (a) the amount or value of the matter in controversy must exceed $2,000, or (b) special leave to appeal must be obtained. Upon condition (b) being satisfied the same right