McCormack v. T. Eaton Co.

McCormack v. T. Eaton Co.

The trial judge's supplementary charges and the manner of recall created confusion among jurors and produced a verdict so unsatisfactory that it could not stand; therefore the judgment below is set aside and a new trial limited to liability is ordered.

Citation
[1963] SCR 180
Parties
Plaintiff Appellant: Emily Jane McCormack; Defendant Respondent: T. Eaton Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 January 1963
Procedural Posture
Tort Personal Injury (negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; in Forma Pauperis Appeal on Liability
Outcome
Appeal allowed; judgments at trial and Court of Appeal set aside; new trial ordered limited to question of liability; costs awarded to appellant in Court of Appeal and this Court with limitations; costs of first trial to be determined at new trial.
Legal Topics
Escalator Accident, Jury Instructions, Verdict Reconsideration, New Trial, Liability
Source Language
English
Tort Negligence Civil Procedure Evidence Jury Law Escalator Accident Jury Instructions Verdict Reconsideration +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Emily Jane McCormack

Plaintiff Appellant

T. Eaton Company Limited

Defendant Respondent

Procedural Posture

Tort Personal Injury (negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; in Forma Pauperis Appeal on Liability

Legal Issues

  1. 1 Whether the trial judge's supplementary charges and instructions confused the jury and tainted the verdict
  2. 2 Whether the trial judge properly recalled the jury to reconsider answers to special questions
  3. 3 Whether the verdict was so unsatisfactory it must be set aside and a new trial ordered limited to liability

Ratio Decidendi

The trial judge's supplementary charges and the manner of recall created confusion among jurors and produced a verdict so unsatisfactory that it could not stand; therefore the judgment below is set aside and a new trial limited to liability is ordered.

Court Disposition

Appeal allowed; judgments at trial and Court of Appeal set aside; new trial ordered limited to question of liability; costs awarded to appellant in Court of Appeal and this Court with limitations; costs of first trial to be determined at new trial.

Orders

  • Appeal allowed
  • Judgment of Court of Appeal and trial judge set aside