Auld et al. v. Wallace’s Moving Storage Ltd. et al.

Auld et al. v. Wallace’s Moving Storage Ltd. et al.

The Supreme Court restored the jury verdict because credibility determinations are for the jury and there were no exceptional circumstances permitting an appellate court to overturn those findings; the Appeal Division erred in setting aside the jury’s verdict as against the weight of the evidence.

Citation
[1975] 2 SCR 820
Parties
Appellant/plaintiff: Robert William Auld; Appellant/plaintiff: Mae Gertrude Auld; Respondent/defendant: Wallace’s Moving & Storage Limited; Respondent/defendant: Donald Spagnoletti; Respondent/third Party: James Landry; Respondent/third Party: Eastern Automobile Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 October 1974
Procedural Posture
Civil Negligence Appeal From Trial With Jury / Appeal to Supreme Court of Canada From Nova Scotia Appeal Division Decision Setting Aside Jury Verdict
Outcome
Appeal allowed; order of Trial Division reinstated; decision of Nova Scotia Appeal Division set aside; costs to appellants
Legal Topics
Negligence, Jury Credibility, Weight of Evidence, Motion to Take Case From Jury, Alleged Inflammatory Counsel Remarks
Source Language
English
Tort Civil Procedure Appeal Negligence Jury Credibility Weight of Evidence Motion to Take Case From Jury Alleged Inflammatory Counsel Remarks

Case Brief

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Parties

Robert William Auld

Appellant/plaintiff

Mae Gertrude Auld

Appellant/plaintiff

Wallace’s Moving & Storage Limited

Respondent/defendant

Donald Spagnoletti

Respondent/defendant

James Landry

Respondent/third Party

Eastern Automobile Company Limited

Respondent/third Party

Procedural Posture

Civil Negligence Appeal From Trial With Jury / Appeal to Supreme Court of Canada From Nova Scotia Appeal Division Decision Setting Aside Jury Verdict

Legal Issues

  1. 1 Whether the jury verdict was against the weight of the evidence and could be set aside by the appellate court
  2. 2 Whether an appellate court may substitute its own credibility findings for those of a jury absent very exceptional circumstances
  3. 3 Whether the trial judge erred in denying the defendants’ motion to take the case from the jury for alleged inflammatory remarks by counsel

Ratio Decidendi

The Supreme Court restored the jury verdict because credibility determinations are for the jury and there were no exceptional circumstances permitting an appellate court to overturn those findings; the Appeal Division erred in setting aside the jury’s verdict as against the weight of the evidence.

Court Disposition

Appeal allowed; order of Trial Division reinstated; decision of Nova Scotia Appeal Division set aside; costs to appellants

Orders

  • Set aside the rule of the Appeal Division of the Supreme Court of Nova Scotia dated October 9, 1973
  • Reinstate the order of the Trial Division dated May 11, 1972