On the motion of Hon. W. T. White for 'Committee of Supply:
Mr. WM. THOBURN (North Lanark): Before we go into Committee of Supply, I would like to draw the attention of the hon. Minister of Justice to a judgment which was rendered in Saskatchewan by Chief Justice Haultain, and which is of vast importance to the business men of this country. It is as follows:
The Linder Refrigerator Company, of Montreal, is to appeal against the judgment of Chief Justice Haultain given at the Supreme Court here in a case of importance to firms doing business in the province, but not registered here. The company sued the Saskatchewan Creamery for the sum of $3,426 for a refrigerating plant and mechanical services rendered after the plant was installed. The defence mainly was that the machinery was defective. The judge held that there was no evidence to this effect, but at the same time gave judgment for defendant on the ground that the plaintiff company, being a foreign company and not registered in the province of Saskatchewan under the Foreign Companies Act, could not maintain the action on their contract in the Saskatchewan courts.
Is it possible that any Canadian firm doing business in any one province of the
Dominion and shipping goods to another Canadian firm in any other province of the Dominion, can be non-suited on the ground that the shippers were a foreign company? As I understand the meaning of the word 'foreign', it applies to a person or persons belonging to another nation or country-alien. I hope that the term cannot be applied to any Canadian business man doing business in Canada. If such is the law, then I think that the sooner that law is amended the better for all parties concerned.