Canarama Western Ltd. v. Campbelltown Sewer Services Ltd.

Canarama Western Ltd. v. Campbelltown Sewer Services Ltd.

Because the agreement expressly required the respondent to furnish a financial statement certified by chartered accountants to establish the true cost of construction, the auditors' audited statement was the contractually prescribed means of proof and was properly admitted as evidence, therefore the appellant's hearsay objection failed.

Citation
[1973] SCR 266
Parties
Defendant Appellant: Canarama Western Ltd.; Plaintiff Respondent: Campbelltown Sewer Services Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 November 1972
Procedural Posture
Contract Appeal / On Appeal to the Supreme Court of Canada From the Supreme Court of Alberta, Appellate Division
Outcome
Appeal dismissed with costs.
Legal Topics
Evidence, Contract Interpretation, Admissibility of Auditors' Statement, Hearsay
Source Language
English
Contract Law Evidence Contract Interpretation Admissibility of Auditors' Statement Hearsay

Case Brief

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Parties

Canarama Western Ltd.

Defendant Appellant

Campbelltown Sewer Services Limited

Plaintiff Respondent

Procedural Posture

Contract Appeal / On Appeal to the Supreme Court of Canada From the Supreme Court of Alberta, Appellate Division

Legal Issues

  1. 1 Whether an audited statement prepared by the respondent's auditors is admissible evidence of the actual cost of construction under the parties' contract
  2. 2 Whether the audited statement constitutes inadmissible hearsay absent other admissibility foundations

Ratio Decidendi

Because the agreement expressly required the respondent to furnish a financial statement certified by chartered accountants to establish the true cost of construction, the auditors' audited statement was the contractually prescribed means of proof and was properly admitted as evidence, therefore the appellant's hearsay objection failed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.