News Printing Co. of Toronto v. Macrae, , 26 S.C.R. 695 (1896)

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News Printing Co. of Toronto v. Macrae, , 26 S.C.R. 695 (1896)

Supreme Court of Canada

News Printing Co. of Toronto v. Macrae, 26 S.C.R. 695

Date: 1896-10-26

The News Printing Company of Toronto (Defendants) Appellants;

and

Macrae & Macrae (Plaintiffs) Respondents.

1896: September 29; 1896: October 13, 26.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Appeal-Time limit-Commencement of-Pronouncing or entry of judgment-Security-Extension of time-Order of judge-Vacation-R.S.C. c. 135, ss. 40, 42, 46.

On the trial of an action for libel the plaintiffs obtained a verdict which the Divisional Court set aside. The Court of Appeal allowed the appeal and restored the judgment at the trial, reducing the amount of damages by a specified sum.

Held, that nothing substantial remained to be settled by the minutes on entering the formal judgment of the Court of Appeal, and the time for appealing therefrom to the Supreme Court ran from the pronouncing and not from the entry of such judgment. O'Sullivan v. Harty (13 Can. S.C.R. 431); Walmsley v. Griffith (13 Can. S.C.R. 434); and Martley v. Carson (13 Can. S.C.R. 439) followed.

By sec. 42 of the Supreme and Exchequer Courts Act (R.S.C. c. 135) a court proposed to be appealed from or a judge thereof may allow an appeal after the time prescribed therefor...

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