Stewart v. Royal Bank of Canada and Fraser

Stewart v. Royal Bank of Canada and Fraser

Majority held defendants failed to prove repayment; the bank acknowledgments signed by the deceased were founded on a fundamental error (there were no vouchers for the unauthorized withdrawals) and thus carried no evidentiary weight in defendants' favour, entitling the executors to recover the sums with costs.

Citation
[1930] SCR 544
Parties
Plaintiffs/appellants: Isabella Stewart and Arnold E. Stewart, Executors and Trustees of and under the last WILL and Testament of Thomas E. Stewart, Deceased; Defendant/respondent: The Royal Bank of Canada; Defendant/respondent: Roy C. Fraser
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 June 1930
Procedural Posture
Civil Appeal (banking/debt) / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia in Banco Following Trial Judgment Dismissing Action
Outcome
Appeal allowed
Legal Topics
Unauthorized Withdrawals, Onus of Proof for Repayment, Evidentiary Value of Customer Acknowledgments/receipts, Corroboration of Testimony of Interested Witness, Estoppel by Signed Bank Statement
Source Language
English
Banking Evidence Estate Administration Civil Procedure Unauthorized Withdrawals Onus of Proof for Repayment Evidentiary Value of Customer Acknowledgments/receipts Corroboration of Testimony of Interested Witness +1 more

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Parties

Isabella Stewart and Arnold E. Stewart, Executors and Trustees of and under the last WILL and Testament of Thomas E. Stewart, Deceased

Plaintiffs/appellants

The Royal Bank of Canada

Defendant/respondent

Roy C. Fraser

Defendant/respondent

Procedural Posture

Civil Appeal (banking/debt) / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia in Banco Following Trial Judgment Dismissing Action

Legal Issues

  1. 1 Whether sums withdrawn by branch manager without authority were repaid to the deceased
  2. 2 Whether the defendants discharged the onus of proving repayment
  3. 3 What evidentiary weight attaches to documents signed by deceased acknowledging account balances and vouchers

Ratio Decidendi

Majority held defendants failed to prove repayment; the bank acknowledgments signed by the deceased were founded on a fundamental error (there were no vouchers for the unauthorized withdrawals) and thus carried no evidentiary weight in defendants' favour, entitling the executors to recover the sums with costs.

Court Disposition

Appeal allowed

Orders

  • Judgment for appellants for the amount of their claim (US$5000 equivalent recorded as $5,000) with interest and costs in all courts