Ethier v. Ewing

for Lower Canada, sitting in review, at Montreal affirming the judgment of the Superior Court, District of Montreal, which dismissed the petition of the appellants for the recusation of the respondent Ewing as a commissioner in expropriation proceedings taken for the improvement of a public street in the City of Montreal.

During the course of proceedings for the expropriation of lands for the purpose of widening a street in the City of Montreal, the appellants, being ratepayers interested in the lands sought to be expropriated, took objection to the appointment of the respondent Ewing as one of the commissioners on the ground that he was related to an owner of some of the lands in question, and petitioned the Superior Court for his recusation and removal.

The petition was dismissed with costs, and on appeal to the Court Review the judgment was affirmed, whereupon a further appeal was taken to the Supreme Court of Canada.

by the respondents to quash the appeal for want of jurisdiction.

Atwater Q.C. and Ethier Q.C. for the motion. The judgment from which the appeal is sought is not a final judgment within the meaning of sec. 29 of The JUSTICE.-We are of opinion that there would be no appeal in this case de plano to the Privy Council, and consequently there can be no appeal to this court under the Act of 54 & 55 Vict. ch. 25, sec. and further, that the judgment in question does not come within the provisions of section 24 and that it is not a final judgment within the meaning of The Supreme and Exchequer Courts Act.

The appeal must be quashed with costs.

NORTH AMERICA McLEOD.

THE

WESTERN

ASSURANCE

COMPANY McLEOD.

THE

NOYA

SCOTIA

MARINE

INSURANCE COMPANY v. McLEOD.

"-Findings APPEAL from the judgment of the Supreme Court judgment the trial court in favour of the plaintiff in the three cases tried together by consent.

After hearing counsel for both parties the court reserved judgment, and on a subsequent day allowed the appeal with costs in the Supreme Court of Canada and in the Supreme Court of Nova Scotia, and ordered that a new trial should be granted on payment of the costs of the former trial by the appellants within thirty days after taxation, otherwise that the appeal should stand dismissed with costs.