Nova Scotia Steel Co. v. Bartlett

Nova Scotia Steel Co. v. Bartlett

The court held that the trial judge rightly excluded a certified copy of a copy of the plan under s.20 of the Evidence Act and that the evidence established the plaintiff had made out a prima facie case because the disputed new workings were shown to lie within the plaintiff's ascertained lease area; because the defendants did not prove the ore was within the Peter Grant/Finlay Cameron lots in toto, the verdict for defendants was contrary to the evidence and the order for a new trial was correct; appeal dismissed.

Citation
(1905) 35 SCR 527
Parties
Appellant / Defendant: Nova Scotia Steel Company; Respondent / Plaintiff: James Hubert Bartlett
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 January 1905
Procedural Posture
Appeal / Decision on Appeal to the Supreme Court of Canada From Supreme Court of Nova Scotia Ordering a New Trial
Outcome
Appeal dismissed with costs; order of Supreme Court of Nova Scotia ordering a new trial affirmed.
Legal Topics
Trespass, Conversion, Title to Land, Admissibility of Certified Copies of Plans, Interpretation of Crown Grants, Survey Boundary Evidence
Source Language
English
Property Law Mining Law Evidence Trespass Conversion Title to Land Admissibility of Certified Copies of Plans Interpretation of Crown Grants +1 more

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Parties

Nova Scotia Steel Company

Appellant / Defendant

James Hubert Bartlett

Respondent / Plaintiff

Procedural Posture

Appeal / Decision on Appeal to the Supreme Court of Canada From Supreme Court of Nova Scotia Ordering a New Trial

Legal Issues

  1. 1 Whether a certified copy of a copy of a plan of survey on file at the Crown Lands Office is admissible to prove the original plan annexed to a Crown grant under s.20 of the Evidence Act
  2. 2 Whether the ore in dispute was mined within the area of the plaintiff's mining lease or within lots granted in 1785 to Peter Grant and Finlay Cameron
  3. 3 Whether the jury verdict for defendants was contrary to the evidence requiring a new trial

Ratio Decidendi

The court held that the trial judge rightly excluded a certified copy of a copy of the plan under s.20 of the Evidence Act and that the evidence established the plaintiff had made out a prima facie case because the disputed new workings were shown to lie within the plaintiff's ascertained lease area; because the defendants did not prove the ore was within the Peter Grant/Finlay Cameron lots in toto, the verdict for defendants was contrary to the evidence and the order for a new trial was correct; appeal dismissed.

Court Disposition

Appeal dismissed with costs; order of Supreme Court of Nova Scotia ordering a new trial affirmed.

Orders

  • Appeal dismissed with costs.
  • Order of the Supreme Court of Nova Scotia ordering a new trial is affirmed.