1914 JTR(SC) 51
1914 AIR(PC) 227
Privy Council
Sir George Farwell, Sumner , Parker of Waddington, Moulton, Lords Dunedin, Justice Viscount Haldane L.C., JJ.
Levine -Appellant
Versus
Serling -Resopndent
On Appeal from the Supreme Court of Canada
Decided On : 23-07-1914
An order for leave to appeal in forma pauperis takes effect only from the date it is granted and does not apply retrospectively to costs incurred prior to that date.
(A) Civil Procedure - Appeal in forma pauperis - Date of effect of order for leave to appeal - Settled practice is that an order for leave to appeal in forma pauperis takes effect only from the date on which it is made and has no effect on costs incurred before that date.
Facts of the case:
An application was filed requesting that the costs of a petition for special leave to appeal in forma pauperis be taxed upon the pauper scale.
Findings of Court:
The application for taxing costs on the pauper scale was dismissed as the order for leave to appeal does not apply retrospectively to costs incurred prior to the date of the order.
Issues: Whether an order for leave to appeal in forma pauperis has a retrospective effect on costs incurred before the date of the order.
Ratio Decidendi: The settled practice is that an order for leave to appeal in forma pauperis takes effect only from the date it is made and does not affect costs incurred before that date.
Result: Application rejected.
Facts of the case:
An application was filed requesting that the costs of a petition for special leave to appeal in forma pauperis be taxed upon the pauper scale.
Findings of Court:
The application for taxing costs on the pauper scale was dismissed as the order for leave to appeal does not apply retrospectively to costs incurred prior to the date of the order.
Issues: Whether an order for leave to appeal in forma pauperis has a retrospective effect on costs incurred before the date of the order.
Ratio Decidendi: The settled practice is that an order for leave to appeal in forma pauperis takes effect only from the date it is made and does not affect costs incurred before that date.
Result: Application rejected.
Lawrence Jones and Co., Redden, Blake , G. Williamson, Smith , H.O. Dauchwerts, P. Lediew, Geoffrey Lawrence
Lord Moulton:-
Their Lordships have examined the authorities as to the practice of this Board with regard to the date from which an order for leave to appeal in for ma pauperis takes effect, and they are clearly of opinion that the settled practice is the same as that of the High Court, namely, that the order takes effect only from the date at which it is made, and has no effect whatever on costs incurred before that date.
The application, therefore, that the costs of the petition for special leave to appeal in forma pauperis may be taxed upon the pauper scale, must be dismissed, but there will be no costs of the application.
Application rejected.