Brettingen v. Evans and McKay

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
Criminal Law Civil Tort Property Law Malicious Prosecution Reasonable and Probable Cause Malice Ownership of Chattels Damages for Wrongful Detention +1 more

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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. 1 Whether there was want of reasonable and probable cause for prosecution
  2. 2 Whether the defendant acted with malice
  3. 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.