Wood v. Grand Valley Rway. Co.

Wood v. Grand Valley Rway. Co.

Majority held the Appellate Division was correct to affirm liability of both the company and Pattison and to order a reference to determine quantum of damages because the record lacked sufficient particular evidence to permit a fair assessment of special damages; therefore the trial judge's fixed award should not be restored.

Citation
(1915) 51 SCR 283
Parties
Plaintiffs/appellants: W.B. Wood and Others; Defendant/respondent: The Grand Valley Railway Company; Defendant/respondent: A.J. Pattison
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 March 1915
Procedural Posture
Contract / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Ontario affirmed
Legal Topics
Breach of Contract, Measure of Damages, Remoteness of Damages, Personal Liability of Company Officer, Consideration, Jurisdiction to Appeal
Source Language
English
Contract Law Breach of Contract Measure of Damages Remoteness of Damages Personal Liability of Company Officer Consideration Jurisdiction to Appeal

Case Brief

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Parties

W.B. Wood and Others

Plaintiffs/appellants

The Grand Valley Railway Company

Defendant/respondent

A.J. Pattison

Defendant/respondent

Procedural Posture

Contract / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Whether defendants breached the written agreement to extend the railway and secure through traffic arrangements
  2. 2 Proper measure and ascertainability of damages for loss of a chance/expectation
  3. 3 Whether the president, Pattison, was personally liable in addition to the company

Ratio Decidendi

Majority held the Appellate Division was correct to affirm liability of both the company and Pattison and to order a reference to determine quantum of damages because the record lacked sufficient particular evidence to permit a fair assessment of special damages; therefore the trial judge's fixed award should not be restored.

Court Disposition

Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Ontario affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of the Appellate Division affirmed