Cushing v Dupuy
Cushing v Dupuy is a Canadian constitutional law case decided by the Judicial Committee of the Privy Council, at that time the highest court of appeal for the British Empire, including Canada. The case was on appeal from the courts of Quebec, and dealt with the following issues:
- the federal jurisdiction over insolvency law in Canada,
- when appeals as of right to the Privy Council can be excluded by a local legislature, and
- how the royal prerogative may properly be ousted by statute.
| Cushing v Dupuy | |
|---|---|
British North America Act, 1867 | |
| Court | Judicial Committee of the Privy Council |
| Full case name | Charles Cushing v Louis Dupuy |
| Decided | 15 April 1880 |
| Citation(s) | 1880 UKPC 22, (1880) 5 AC 409 |
| Case history | |
| Prior action(s) | Dupuy v. Cushing, (1878) 22 LCJ 201 |
| Appealed from | Quebec Court of Queen's Bench (Appeal Side) |
| Court membership | |
| Judges sitting | Sir James W. Colvile Sir Barnes Peacock Sir Montague E. Smith Sir Robert P. Collier |
| Case opinions | |
| Decision by | Sir Montague E. Smith |
| Keywords | |
| Division of powers, insolvency law, finality of judgments, royal prerogative | |
It was also notable for holding that, though the Privy Council would only exceptionally depart from its own previous decisions, it was not bound by them.
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