Charlebois v. Surveyer

Charlebois v. Surveyer

Given the defendant's knowledge of the plaintiff's sworn explanation that he signed believing it to be a receipt, the defendant's awareness of the company's return policy, the warnings from counsel, and the defendant's reliance solely on equivocal correspondence from the agent, there was no reasonable or probable...

Source-derived case information.

Citation
(1897) 27 SCR 556
Parties
Appellant/plaintiff: Arsène Charlebois; Respondent/defendant: Louis Joseph Arthur Surveyer
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 June 1897
Procedural Posture
Malicious Prosecution (tort) / Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal allowed.
Legal Topics
Malicious Prosecution, Probable Cause, Malice, Damages
Source Language
english
Torts Criminal Law Malicious Prosecution Probable Cause Malice Damages

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

Arsène Charlebois

Appellant/plaintiff

Louis Joseph Arthur Surveyer

Respondent/defendant

Procedural Posture

Malicious Prosecution (tort) / Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether the defendant had reasonable and probable cause to lay a criminal charge of forgery against the plaintiff
  2. 2 Whether the prosecution was motivated by malice
  3. 3 Whether the plaintiff was entitled to damages for malicious prosecution

Ratio Decidendi

Given the defendant's knowledge of the plaintiff's sworn explanation that he signed believing it to be a receipt, the defendant's awareness of the company's return policy, the warnings from counsel, and the defendant's reliance solely on equivocal correspondence from the agent, there was no reasonable or probable cause for the forgery prosecution and the proceeding was malicious; therefore the plaintiff was entitled to substantial damages.

Court Disposition

Appeal allowed.

Orders

  • Judgment entered for the plaintiff for $500 damages and costs in all courts of the class of action as brought.
  • Appeal allowed with costs.