Western Clock Co. v. Oris Watch Co. Ltd.

C.J.C.-Without so deciding, but assuming that the words " the actual amount in controversy " in s. 82 of the Exchequer Court Act (R.S.C., 1927, c. 34) do not imply that there must be a sum of money exceeding $500 actually in dispute in the action, but that a claim for property or rights of which the value exceeds $500, if actually involved in the action, suit, etc., suffices to give this Court jurisdiction to entertain the appeal under s. 82, (See Sun Life Assur. Co. of Canada v. Superintendent of Insurance (1); Burnett v. Hutchins Car Roofing Co. (2) ), and that such value may be proved by affidavit,-we are all of the opinion that the affidavit filed on behalf of the appellant to prove the value in this case is insufficient.

The respondent having put in an affidavit to the effect that " there is no actual amount in controversy in this action," the appellant replies by an affidavit which contains the following passages:

While the appellant may have sustained the amount of damages sworn to as the result of the registration of the trade-mark by the respondent, it does not at all follow that the value of his right to have such trade-mark expunged exceeds the sum of five hundred dollars; yet that is what he would be required to swear to in order to bring this case within s. 82 of the Exchequer Court Act, there being no amount claimed for damages, but merely a claim for the expunging of the respondent's trade-mark.