Johnson v. Johnson

Johnson v. Johnson

The appeal was dismissed because the Supreme Court of Canada would not interfere with the factual findings of the courts below and the excluded questions, even if permitted, would not have changed the outcome; accordingly the plaintiff's claim to have the land held in trust failed and the appeal could not succeed.

Citation
[1945] SCR 455
Parties
Plaintiff/appellant: Johnson (plaintiff/appellant); Defendant/respondent: Johnson (defendant/respondent)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 May 1945
Procedural Posture
Civil Appeal From Supreme Court of Nova Scotia (in Banco) / On Appeal to the Supreme Court of Canada; Judgment Delivered Orally
Outcome
Appeal dismissed with costs, subject to variation by striking out the order for accounting and reference for taking accounts.
Legal Topics
Ownership of Land, Constructive Trust, Accounting for Moneys, Findings of Fact on Appeal, Admissibility of Questions at Trial
Source Language
English
Family Law Property Law Trusts and Equity Evidence Ownership of Land Constructive Trust Accounting for Moneys Findings of Fact on Appeal +1 more

Case Brief

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Parties

Johnson (plaintiff/appellant)

Plaintiff/appellant

Johnson (defendant/respondent)

Defendant/respondent

Procedural Posture

Civil Appeal From Supreme Court of Nova Scotia (in Banco) / On Appeal to the Supreme Court of Canada; Judgment Delivered Orally

Legal Issues

  1. 1 Whether the defendant held land as trustee for the plaintiff
  2. 2 Whether the Supreme Court of Nova Scotia’s findings of fact should be disturbed on appeal
  3. 3 Whether excluded questions at trial would have affected the result

Ratio Decidendi

The appeal was dismissed because the Supreme Court of Canada would not interfere with the factual findings of the courts below and the excluded questions, even if permitted, would not have changed the outcome; accordingly the plaintiff's claim to have the land held in trust failed and the appeal could not succeed.

Court Disposition

Appeal dismissed with costs, subject to variation by striking out the order for accounting and reference for taking accounts.

Orders

  • Appeal dismissed with costs.
  • Order of Archibald J. varied by striking out the part ordering an accounting and a reference for taking accounts.