Champagne v. Labrie

Champagne v. Labrie

The trial judge and the Court of Queen's Bench, Appeal Side, made concurrent factual findings based on eyewitness and circumstantial evidence that the appellant's black car struck the child; absent error this Court will not interfere with concurrent findings of fact, and on the balance of probabilities liability was established — appeal dismissed.

Citation
[1962] SCR 549
Parties
Defendant Appellant: Thérèse Champagne; Plaintiff Respondent: Germain Labrie
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 April 1962
Procedural Posture
Personal Injury Motor Vehicle / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec (final Appellate Stage)
Outcome
Appeal dismissed
Legal Topics
Negligence, Causation, Inference From Circumstantial Evidence, Concurrent Findings of Fact, Standard of Review on Appeal
Source Language
English
Tort Motor Vehicles Personal Injury Evidence Negligence Causation Inference From Circumstantial Evidence Concurrent Findings of Fact +1 more

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Parties

Thérèse Champagne

Defendant Appellant

Germain Labrie

Plaintiff Respondent

Procedural Posture

Personal Injury Motor Vehicle / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec (final Appellate Stage)

Legal Issues

  1. 1 Whether the defendant's vehicle caused the injury to the child
  2. 2 Whether the evidence sufficed to establish liability on the balance of probabilities
  3. 3 Whether this Court may overturn concurrent findings of fact by lower courts

Ratio Decidendi

The trial judge and the Court of Queen's Bench, Appeal Side, made concurrent factual findings based on eyewitness and circumstantial evidence that the appellant's black car struck the child; absent error this Court will not interfere with concurrent findings of fact, and on the balance of probabilities liability was established — appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of Queen's Bench, Appeal Side affirmed.