Canadian Pacific Express Co. et al. v. Levy

Under s. 7 of the War Measures Act, R.S.C. 1927, c. 206, the Minister of Justice referred to the Exchequer Court respondent's claim for compensation in respect of two ships, the Seaborn and the Bankaty, appropriated and acquired for naval services by the Crown. In the Exchequer Court ([19441 Ex. C.R. 123) Angers J. awarded $100,000 for the Seaborn and $205,000 for the Sankaty. Against the amounts of such awards the Crown appealed to this Court. Respondent moved to quash the appeal for want of jurisdiction, mainly on the ground that the Exchequer Court was curia designata and, no appeal being provided by the War Measures Act, there was no right of appeal.

Argument was heard both on the motion to quash and, on the merits of the appeal.

Under said s. 7, if the compensation is not agreed upon, the claim shall be referred by the Minister of Justice "to the Exchequer Court, or to a superior or county court of the province within which the claim arises, or to a judge of any such court".

Under s. 5 (1) of The Compensation (Defence) Act, 1940 (c. 28), the compensation shall be "a sum equal to the value of the vessel *** no account being taken of any appreciation due to the war". Held: (1) This Court had jurisdiction to hear the appeal.

(Cases discussed.)

Per the Chief Justice: It is to be noted that, along with the authority or jurisdiction to each of the courts enumerated in s. 7 of the War Measures Act or to a judge thereof, there is not given special and independent powers. When once the reference is made, the court or Rinfret C.J. and Kerwin, Hudson, Taschereau, Rand, Kellock and Estey JJ.