rested exclusively upon propositions of law, and unless, moreover, it appeared that the respondent could not be CORATO prejudiced by the fact that it was not advanced at an LT.
earlier stage.
The appeal should be dismissed with costs.
Duff CJ.
Solicitors for the appellants: Fasken, Robertson, Aitchison, Pickup & Calvin.
Solicitors for the respondent: Slaght & Cowan.
bRITISH
AMERICA
BREWING
*Oct. 7.
CO.
LTD.
(SUPPLIANT)...........
APPELLANT AND
HIS MAJESTY THE KING ........
RESPONDENT. ON APPEAL FROM THE EXCHEQUER COURT OF CANADA Appeal-Jurisdiction-Dismissal of action in Exchequer Court, when called for trial and suppliant not ready to proceed and asking adjournment- Appeal by suppliant to Supreme Court of Canada-Applicability of . 88 of Supreme Court Act (R S.C. 1927, c. 3)-"
Final judgment" tvithin s. 82 (4) of Exchequer Court Act (R.S.C. 1927, c. 34)- Whether case one for exercise of Court's power to dismiss appeal summarily.
When the action, which was by way of petition of right in the Exchequer 'Court, came on for trial, counsel for the suppliant moved for postponement, and the trial judge gave directions for the trial to be had within a certain time. When the case later came on for trial, counsel for the suppliant again sought postponement, stating he was not prepared to proceed, as attendance of his witnesses could not yet be procured. Thereupon the petition of right was dismissed. The suppliant appealed to the Supreme Court of Canada. Respondent moved to quash the appeal for want of jurisdiction, on the grounds that the judgment appealed from was not a final judgment, and that it was in exercise of judicial discretion within s. 38 of the Supreme Court Act.
Held: The Court had jurisdiction to hear the appeal, and the motion to quash should be dismissed.
The jurisdiction of the Supreme Court of Canada in respect of appeals in exercise of a right of appeal given by the Exchequer Court Act is not affected by s. 38 of the Supreme Court Act. S. 38 is limited in its application to those cases in respect of which the jurisdiction is set forth and defined immediately or referentially by the Supreme Court Act.
* PRESENT:-Duff C.J. and Rinfret. Lamont, Cannon and Kerwin JJ.