Temiscouata Election Case (Plourde v. Gauvreau)

fRESPONDENT. APPEAL FROM THE JUDGMENT OF MR. JUSTICE CIMON. DUFF J.-It has been pointed out time and again that the jurisdiction of the courts in respect of controverted elections is a very special jurisdiction and is strictly limited by the terms of the "Controverted Elections Act."

Section 64 of that Act defines the jurisdiction of this court. There is obviously no jurisdiction under sub-section (b).

Under sub-section (a) an appeal lies only from a would have that effect. The order sought to be impugned in the present proceedings is expressed in these terms:- This is clearly not a "judgment, rule, order or decision" on a preliminary objection within the meaning of the provision quoted above. Consequently no appeal lies from it.

and JJ. concurred with the Chief Justice.

Appeal quashed with costs.