Maze v. Empson

Maze v. Empson

The appellate court must not overturn a trial judge's factual and credibility findings unless it can conclude the trial judge was plainly wrong; the evidence supported the trial judge's finding that the respondent was negligent, so the trial judgment was restored.

Citation
[1964] SCR 576
Parties
Plaintiff/appellant: Ronald Maze; Defendant/respondent: James Empson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 June 1964
Procedural Posture
Tort Motor Vehicle Collision (negligence) / Appeal to Supreme Court of Canada From Supreme Court of Alberta, Appellate Division; Trial Judgment Under Review
Outcome
Appeal allowed; judgment of trial judge restored.
Legal Topics
Negligence, Findings of Fact, Credibility and Demeanor of Witnesses, Standard of Review on Appeal, Deference to Trial Judge
Source Language
English
Tort Evidence Civil Procedure Appeal Negligence Findings of Fact Credibility and Demeanor of Witnesses Standard of Review on Appeal +1 more

Case Brief

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Parties

Ronald Maze

Plaintiff/appellant

James Empson

Defendant/respondent

Procedural Posture

Tort Motor Vehicle Collision (negligence) / Appeal to Supreme Court of Canada From Supreme Court of Alberta, Appellate Division; Trial Judgment Under Review

Legal Issues

  1. 1 Whether the trial judge's findings of fact and credibility determinations were plainly wrong
  2. 2 Whether appellate court should overturn trial judge and order new trial
  3. 3 Whether independent witness Royce's evidence should have been relied on

Ratio Decidendi

The appellate court must not overturn a trial judge's factual and credibility findings unless it can conclude the trial judge was plainly wrong; the evidence supported the trial judge's finding that the respondent was negligent, so the trial judgment was restored.

Court Disposition

Appeal allowed; judgment of trial judge restored.

Orders

  • Appeal allowed with costs
  • Judgment of Greschuk J. restored awarding damages of $32,967.40