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North Eastern Banking Co. v. Royal Trust Co. / In re Atlantic & Lake Superior Ry. Co.

(1908) 41 SCR 1 Court SCC Decision date 1908-10-07 English

Delivered by Judgment of the Court

Contents

Judgment of the Court

THE JUSTICE.-This appeal is from a judgment of the Exchequer Court and the respondents
1% move to quash on the ground that the appeal was not taken within thirty days from the date of the judgment appealed from.
See section 82, "Exchequer Court Act."
The dates of the different proceedings are important. The referee's report, made pursuant to IN the judge's order of 13th February, 1908, was filed on the 14th of May, 1908 (section 18).
The judgment confirming the report was delivered on the 10th of June, 1908, and the appeal to this court was taken on the 10th of July, 1908.
was argued by Mr. Casgrain that the report not having been appealed from within the fourteen days fixed by the General Rules and Orders of the Exchequer Court was confirmed by lapse of time, and that a subsequent motion for judgment was unnecessary. We cannot accept this construction of the rules. The judgment from which an appeal is given by section 82 of the "Exchequer Court Act" is the judgment on the report required by section 20 of the rules and orders and, from this judgment, the appellants appealed within the delay of thirty days.
The motion is dismissed with costs.
Motion dismissed with costs.

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