Corson v. Morgan

Corson v. Morgan

The appeal was allowed and the trial judge's judgment restored because the trial judge's credibility determinations and factual finding of a mutual mistake were entitled to deference; the evidence supported rectification and was not so doubtful as to require reversal by the appellate court.

Citation
[1932] SCR 722
Parties
Appellant/plaintiff: Corson; Respondent/defendant: Morgan
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 June 1932
Procedural Posture
Civil Appeal (rectification of Deed) / Supreme Court of Canada Judgment on Appeal From Nova Scotia in Banco
Outcome
Appeal allowed with costs; judgment of trial judge restored
Legal Topics
Rectification of Deeds, Mutual Mistake, Credibility of Witnesses, Appellate Review of Findings of Fact
Source Language
English
Property Law Equity Evidence Civil Procedure Rectification of Deeds Mutual Mistake Credibility of Witnesses Appellate Review of Findings of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

Corson

Appellant/plaintiff

Morgan

Respondent/defendant

Procedural Posture

Civil Appeal (rectification of Deed) / Supreme Court of Canada Judgment on Appeal From Nova Scotia in Banco

Legal Issues

  1. 1 Whether the deed should be rectified to reflect the parties' true agreement
  2. 2 Whether a mutual mistake was proved with the required certainty
  3. 3 Whether the appellate court should overturn the trial judge's findings of credibility and fact

Ratio Decidendi

The appeal was allowed and the trial judge's judgment restored because the trial judge's credibility determinations and factual finding of a mutual mistake were entitled to deference; the evidence supported rectification and was not so doubtful as to require reversal by the appellate court.

Court Disposition

Appeal allowed with costs; judgment of trial judge restored

Orders

  • Appeal allowed with costs
  • Judgment of Graham J. (trial judge) restoring rectification of deed is restored