Williams v. Stephenson

Williams v. Stephenson

Because the evidence was insufficient to permit an assessment of damages with reasonable certainty and the trial judge admitted he had to guess the award, the appeal was allowed and the action dismissed where no useful result would follow from ordering a new trial, particularly given findings that the agreement had...

Source-derived case information.

Citation
(1903) 33 SCR 323
Parties
Defendant/appellant: James A. Williams; Plaintiff/respondent: John W. Stephenson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 May 1903
Procedural Posture
Torts Breach of Contract / Appeal to Supreme Court of Canada From Supreme Court of British Columbia (appeal From Territorial Court of Yukon Territory)
Outcome
Appeal allowed; action dismissed
Legal Topics
Assessment of Damages, Estimation by Guess, Rescission and Acquiescence, Concurrent Findings, New Trial
Source Language
english
Torts Contract Assessment of Damages Estimation by Guess Rescission and Acquiescence Concurrent Findings New Trial

Source-derived case record

Summary, issues, holding and outcome

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Parties

James A. Williams

Defendant/appellant

John W. Stephenson

Plaintiff/respondent

Procedural Posture

Torts Breach of Contract / Appeal to Supreme Court of Canada From Supreme Court of British Columbia (appeal From Territorial Court of Yukon Territory)

Legal Issues

  1. 1 Whether damages could be assessed with reasonable certainty or were speculative
  2. 2 Whether the trial judge improperly guessed the amount of damages
  3. 3 Whether the plaintiff acquiesced in the sale or rescinded the agreement defeating the claim

Ratio Decidendi

Because the evidence was insufficient to permit an assessment of damages with reasonable certainty and the trial judge admitted he had to guess the award, the appeal was allowed and the action dismissed where no useful result would follow from ordering a new trial, particularly given findings that the agreement had been rescinded or the plaintiff had acquiesced in the sale.

Court Disposition

Appeal allowed; action dismissed

Orders

  • Appeal allowed
  • Action dismissed