Englands Privy Council: Ontario Jockey Club Granted Leave to Appeal Judgment of Supreme Court of Canada., Daily Racing Form, 1927-04-13


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i ENGLANDS PRIVY COUNCIL Ontario Jockey Club Granted Leave to Appeal Judgment of Supreme Court of Canada. SPECIAL CORRESPONDENCE LONDON. England. Stated to be the oldest racing association carrying on business in Canada, the Ontario Jockey Club, Limited, recently ] etitioned the judicial committee of the Privy Council, consisting of Viscount Haldane. Ijord Darling and Sir Lancelot Sanderson for s ecial leave to appear from a judgment of the Supreme Court of Canada affecting the question of membership control. The petition, which declared that shareholders in the club were ipso facto members of it, submitted that it was a matter of importance to those concerned in racing and to the public generally in Canada that the petitioners and similar bodies should be in a position to control the character of their membership. The owner of some shares in the club, a Mr. Charles Miller, transferred one of them to Mr. Samuel HcBride, the respondent, and applied to have him registered as a shareholder. Registration was refused on the ground that the provisions of an agreement and a by-law of the club had not been observed. Mr. McBride brought an action claiming a declaration that he was entitled to be registered as a shareholder and a mandatory order directing his name to be entered on the share register. The trial judge dismissed the action, but on an appeal to the second appellate division of the Supreme Court of Ontario he succeeded in his claim, the court holding that the club could net validly pass a by-law preventing a shareholder from transferring fully-paid shares as he migl.t see fit. Further litigation took place, .and finally the Supreme Court of Canada dismissed the clubs appeal from the judgment of the second appellate division. It was in these circumstances that the matter now came before the judicial committee, who were told that the effect of the judgment, unless reversed, would be to destroy completely the petitioners" claim to membership control and would seriously affect many other clubs anil companies in Canada which had similar by-laws or agreements. After hearing counsel on both sides the committee granted the leae to appeal asked for. ♦

Persistent Link: https://drf.uky.edu/catalog/1920s/drf1927041301/drf1927041301_2_4
Local Identifier: drf1927041301_2_4
Library of Congress Record: https://lccn.loc.gov/unk82075800