Majority
ence to Winnipeg or any other locality, or to the matter of soil composition, stops short of a disclosure which would enable a person of ordinary skill to work the invention usefully without the necessity of the exercise of inventive ingenuity.
The appeal should be dismissed with costs.
Judgment of the Court
DUFF C.J.-After fully considering the able argument of Mr. Ernst, we are forced to the conclusion that we have no jurisdiction to entertain this appeal.
The judgment appealed from is a judgment dismissing an appeal from an order by Mr. Justice Doull granting an interim injunction restraining the Shelburne Shipbuilders Ltd. from holding a meeting of the company for the purpose of ratifying or confirming certain withdrawals or payments to the late Alfred D. Bruce, the president or manager in his lifetime of the defendant company, alleged to be in excess of his salary.
The claims endorsed upon the writ are, first, for repayment and reimbursement by the executrix and executor of the deceased Alfred D. Bruce of certain moneys alleged 9 M.P.R. 437;
[19351
(2) 9 M.P.R.
437, at 437-440. DL.R. 256.
S.C.R.]
to have been " wrongfully, improperly and illegally " withdrawn and paid to the said deceased, Alfred D. Bruce, in o.
compliance with an invalid resolution alleged to have been passed at a general meeting of the company; and, second, for an injunction restraining the company from holding or allowing to be held the annual general meeting of the company on the 6th November, 1934, or holding any meeting of the company for the purpose of attempting to ratify or confirm such allegal illegal withdrawals or payments to the said Alfred D. Bruce.
It is clear, from the judgment of the majority of the court, that the appeal from Mr. Justice Doull was dismissed on the ground that, in support of their application for an interim injunction, the plaintiffs in the action had produced a prima facie case sufficient to satisfy the court that it was " just or convenient " to hold matters in statu quo until the final determination of the issue.
There is no final determination of any substantive right in issue in the action, and, therefore, the judgment is not a final judgment within the contemplation of the Supreme Court Act. The argument chiefly emphasized in support of the appeal was that the appellants are, by the restraining order, deprived of the opportunity to avail themselves of their voting rights as shareholders in order to strengthen their defence against the respondents' claim for the repayment of moneys alleged to have been illegally paid to the deceased, Alfred D. Bruce. This is an argument which goes to the merits of the matter, and not to the question of jurisdiction.
It should be observed, however, that an interim injunction, like all interlocutory orders, bears in gremio a reservation of leave to apply; and, further, that the Supreme Court of Nova Scotia has full control over the course of the proceedings; has full power, if convenience or justice so demand, to direct that the issue concerning the holding of a meeting for the specified purpose shall be tried and determined before the issue arising on the claim for repayment is finally disposed of.
The appeal will be quashed with costs.
Appeal quashed with costs.