Mack v. Mack

The release was set aside because it was procured by misrepresentation and domination while the plaintiff was ignorant of the partnership affairs; Henry Mack's conduct and admissions established a trustee relationship obliging him (and his executors) to account, and delay did not bar the suit because it was caused or excused by Henry's conduct.

Citation: (1894) 23 SCR 146
Parties: Plaintiff/respondent: Widow of Edward Mack; Defendants/appellants: Executors of Henry Mack; Administrator/deceased: Henry Mack; Deceased/partner: Edward Mack
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 13 March 1894
Procedural Posture: Appeal / Supreme Court of Canada Final Decision on Appeal From Nova Scotia
Outcome: Appeal dismissed with costs
Legal Topics: Release, Rescission, Laches, Breach of Trust, Letters of Administration, Undue Influence
Source Language: English

Trusts Estates Property Equity Procedural Law Release Rescission Laches +3 more

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Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2

Parties

Widow of Edward Mack

Plaintiff/respondent

Executors of Henry Mack

Defendants/appellants

Henry Mack

Administrator/deceased

Edward Mack

Deceased/partner

Procedural Posture

Appeal / Supreme Court of Canada Final Decision on Appeal From Nova Scotia

Legal Issues

1 Validity of a release obtained after misrepresentation and domination
2 Whether the release can be rescinded for ignorance and undue influence
3 Whether admissions in letters create a fiduciary/trustee relationship

Ratio Decidendi

Court Disposition

Appeal dismissed with costs

Orders

Release set aside
Account of the partnership and of dealings since Edward Mack's death to be taken and plaintiff to be paid her share