CHAP. ITI] JUDICIAL APPEALS 1361
appeal lies as of right from the Supreme Court of Canada,
although legally such appeal could be allowed under the
Act of 1844 1 —permitting a defeated party who has chosen
bo go to the Supreme Court first to appeal to the Privy
Council. On the other hand, a party who has been taken
bo the Supreme Court and defeated there will more readily
be allowed an appeal to the Privy Council. But in the case
of the Commonwealth and Canada alike it has been laid down
by the Privy Council that appeals will only be allowed where
the case is of gravity, involving matters of public interest or
some important question of law as affecting property of
sonsiderable amount, or where the case is otherwise of some
public importance or of a very substantial character.? Nor
will the Privy Council allow appeals where the judgement
appears to be plainly right, or at least not to be attended
with serious doubt, or for an abstract question?
As a result of the Colonial Conference * of 1907 important
simplifications have been made in the procedure of the Courts.
The fifth resolution arrived at by the Colonial Conference
on the subject of judicial appeals was to the effect—
(1) That it is expedient that the practice and procedure
of the Judicial Committee of the Privy Council should be
definitely laid down in the form of a code of rules and
regulations.
(2) That in the codification of the rules regard should be
had to the necessity for the removal of anachronisms and
anomalies, the possibility of the curtailment of expense, and
the desirability of the establishment of courses of procedure
which would minimize delavs.
* Not 80 in Australia or the Union, where the exclusion of other appeals
"ests on an Imperial Act, whereas in Canada it rests only on a Dominion Act.
* Ct. Daily Telegraph Newspaper v. McLaughlin, [1904] A. C. 777. Cf
Prince v. Gagnon, 8 App. Cas. 103; Carter v. Molson, ibid., 530; Clergue
v. Murray, ex parte Clergue, [1903], A. C. 521; Canadian Pacific Railway
Co. v. Blair, [1904] A. C. 453: Victorian Railway Commissioners v. Brown,
[1906] A. C. 381. * Rex v. Louw, [1904] A. C. 412.
* Parl. Pap., Cd. 3523, pp. 200 seq. The views of the Dominions are
riven in Cd. 3521, pp. 179 seq. The subsequent correspondence is in
Cd. 5273, pp. 26-41. The practice is given in Safford and Wheeler.