When will a motion be brought for damages be heard before the Court of Appeal?
Saskatchewan, Canada
The following excerpt is from Boyle v. Rusconi, 1921 CanLII 265 (SK QB):
When this action came on for trial, the action of McKay v. McDougall et al had not been tried, and I suggested that this action be not tried until said other action would be disposed, but this suggestion did not appeal to the parties; each insisted on getting the pound of flesh to which he thought himself entitled. At the close of the trial apparently it was not so clear to plaintiff that what he demanded was “in the bond,” so his counsel desired me to reserve judgment herein, until I should have given judgment in McKay v. McDougall et al, then shortly to be tried before me. I expressed my readiness to do so, provided counsel would agree that the evidence to be taken in said action might be considered by me in this. Counsel would not so agree so I must give judgment on the facts shown before me in this case, without regard to what may have been shown in the other.
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