St. Pierre v. Tanguay

St. Pierre v. Tanguay

The plaintiff failed to establish, on the balance of probabilities, that the defendant's truck was on the wrong side of the road; the appellate court was entitled to reassess and interpret the physical evidence and its conclusion that the plaintiff was driving on the wrong side was warranted, therefore the plaintiff's action is dismissed.

Citation
[1959] SCR 21
Parties
Appellant/plaintiff: Claude St-Pierre; Respondent/defendant: Armand Tanguay
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 December 1958
Procedural Posture
Motor Vehicle Collision (civil) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed; judgment of trial court reversed; plaintiff's action dismissed
Legal Topics
Negligence, Burden of Proof, Credibility of Witnesses, Inferences From Physical Facts, Article 1053 Civil Code
Source Language
English
Tort Civil Code (quebec) Motor Vehicles Evidence Negligence Burden of Proof Credibility of Witnesses Inferences From Physical Facts +1 more

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Parties

Claude St-Pierre

Appellant/plaintiff

Armand Tanguay

Respondent/defendant

Procedural Posture

Motor Vehicle Collision (civil) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Which driver was on the wrong side of the road at the time of collision
  2. 2 Whether the trial judge based decision on witness credibility or on inferences from physical facts
  3. 3 Whether the plaintiff met the burden of proof on a balance of probabilities

Ratio Decidendi

The plaintiff failed to establish, on the balance of probabilities, that the defendant's truck was on the wrong side of the road; the appellate court was entitled to reassess and interpret the physical evidence and its conclusion that the plaintiff was driving on the wrong side was warranted, therefore the plaintiff's action is dismissed.

Court Disposition

Appeal dismissed; judgment of trial court reversed; plaintiff's action dismissed

Orders

  • Appeal dismissed with costs
  • Plaintiff's action dismissed