Scully Signal Co. v. York Machine Co.

the MOTION by appellant under s. 83 of the Exchequer Court Act, before Kerwin C.J. in Chambers, for leave to appeal from a judgment of the Exchequer Court. (1) (In Chambers):-The Court has decided that there was no appeal as of right from the judgment of the Exchequer Court in this case dated January 25, 1954, and the plaintiff now moves under s. 83 of the Exchequer Court Act for leave to appeal.

I have read and considered all the decisions referred to, particularly Western Clock Co. v. Oris Watch Co. (2), including Chief Justice Anglin's statement at 399:- The McNab case was an appeal from 'a decision of the Court of Appeal for Ontario under the provisions of The Supreme Court Act. Section 82 of the Exchequer Court Act deals with appeals 'to the Supreme Court of Canada from judgments of the Exchequer Court. Sub-section 2 thereof provides that "an appeal under this section" shall be brought by serving a notice of appeal, and s-s. 2(a) provides that the notice of appeal "shall be served and filed and the security shall be deposited within sixty days . . from the signing or entry or pronouncing 'of the judgment appealed from, or withtin such further time as a judge of the Exchequer Court . .. may either before or after the expiry of the said sixty days fix or allow." These provisions do not apply to an application under s. 83, any more than the jurisdiction of the Supreme Court in respect of appeals in exercise of a right of appeal given by the Exchequer Court Act is affected by what is now s. 44 of The Supreme Court Act. (British American Brewing Co. Ltd. v. The King (4)).