Brettingen v. Evans and McKay
The Supreme Court dismissed the appeal, affirming the findings that the plaintiffs owned the chattels and were entitled to damages for wrongful taking and unjust detention and for malicious prosecution because the prosecution lacked reasonable and probable cause and malice was established.
Source-derived case information.
- Citation
- [1930] SCR 121
- Parties
- Plaintiff/respondent: Brettingen; Defendant/appellant: Evans and McKay
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 8 October 1929
- Procedural Posture
- Civil Appeal Concerning Malicious Prosecution and Conversion / Appeal to the Supreme Court of Canada (oral Judgment)
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Malicious Prosecution, Reasonable and Probable Cause, Malice, Ownership of Chattels, Damages for Wrongful Detention, Appeal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brettingen
Plaintiff/respondent
Evans and McKay
Defendant/appellant
Procedural Posture
Civil Appeal Concerning Malicious Prosecution and Conversion / Appeal to the Supreme Court of Canada (oral Judgment)
Legal Issues
- 1 Whether there was want of reasonable and probable cause for prosecution
- 2 Whether the defendant acted with malice
- 3 Ownership of disputed chattels
Ratio Decidendi
The Supreme Court dismissed the appeal, affirming the findings that the plaintiffs owned the chattels and were entitled to damages for wrongful taking and unjust detention and for malicious prosecution because the prosecution lacked reasonable and probable cause and malice was established.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
- Judgment of the Appellate Division of the Supreme Court of Alberta affirmed as to ownership of chattels and awards of damages for wrongful taking, unjust detention and malicious prosecution.
Full Case Text
Judgment text and source record
1 paragraphs
Brettingen v. Evans and McKay Collection Supreme Court Judgments Date 1929-10-08 Report [1930] SCR 121 Judges Anglin, Francis Alexander; Duff, Lyman Poore; Newcombe, Edmund Leslie; Rinfret, Thibaudeau; Smith, Robert On appeal from Alberta Subjects Criminal law Decision Content Supreme Court of Canada Brettingen v. Evans and McKay, [1930] S.C.R. 121 Date: 1929-10-08 Brettingen; v. Evans and McKay 1929: October 8. Present:—Anglin C.J.C. and Duff, Newcombe, Rinfret and Smith JJ. ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ALBERTA Malicious prosecution—Want of reasonable and probable cause—Malice —Findings as to ownership of chattels—Damages for wrongful detention. APPEAL by the defendant from the judgment of the Appellate Division of the Supreme Court of Alberta[1], dismissing (subject to certain variations of the judgment below) his appeal from the judgment of Boyle J. in favour of the plaintiffs as to the ownership of certain chattels and for damages against the defendant for wrongful taking and unjust detention thereof and for damages for malicious prosecution. At the conclusion of the argument of counsel for the appellant, and without calling on counsel for the respondent, the Court orally delivered judgment dismissing the appeal with costs. Appeal dismissed with costs. [1] [1929] 1 W.W.R. 1.