Kelly v Sulivan
Supreme Court of Canada case / From Wikipedia, the free encyclopedia
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Kelly v. Sulivan, 1876 CanLII 9, 1 SCR 3 was the first case heard by the Supreme Court of Canada. The Court answered the simple question of whether a case ruling from the Supreme Court of Judicature of Prince Edward Island could be appealed to a provincial appellate court. On the evidence available the Court found that there was insufficient records to prove that an appellate court for the province was ever created.
Quick Facts Kelly v Sulivan, Hearing: 8–9 June 1876 Judgment: 10 June 1876 ...
Kelly v Sulivan | |
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Hearing: 8–9 June 1876 Judgment: 10 June 1876 | |
Full case name | In the matter of the application of Francis Kelly, Commissioner of Public Lands, for the purchase of the estate of Charlotte Antonia Sulivan, and the Prince Edward Island Land Purchase Act, 1875. |
Prior history | APPEAL FROM a decision of the Supreme Court of Judicature of Prince Edward Island, quashing an award made on 4 September 1875 by the Commissioners of Public Lands |
Ruling | The Supreme Court of Judicature of Prince Edward Island is the court of last resort for that Province. That court did not have the power to quash an award by the Commissioners of Public Lands — under the Land Purchase Act, 1875 it only had the power to remit the award back for reconsideration if application had been made within thirty days of the date of the award. |
Court membership | |
Chief Justice | Richards CJ |
Puisne Justices | Ritchie, Strong, Jean-Thomas Taschereau and Fournier JJ |
Reasons given | |
Henry J took no part in the consideration or decision of the case. |
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