Evans v. Evans
- Citation
- (1912) 50 SCR 262
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 22 February 1912
- Posture
- Possession of Chattels (horses) / Appeal to Supreme Court of Canada From Supreme Court of Alberta
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 22 February 1912
- Posture
- Possession of Chattels (horses) / Appeal to Supreme Court of Canada From Supreme Court of Alberta
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal was dismissed because the trial court correctly found the respondent to be the owner entitled to possession on the evidence before it; the appellant failed to prove title or demonstrate reversible error in the admission of evidence or in the dismissal of his counterclaim, so the lower court judgment was affirmed.
Court disposition
Appeal dismissed with costs; judgment of Supreme Court of Alberta affirmed
Orders
- Appeal dismissed with costs to respondent
- Judgment of the Supreme Court of Alberta (trial judgment) affirmed
02
Material facts
Parties
Evans
Plaintiff/respondent Counsel: C. A. GrantEvans
Defendant/appellant Counsel: E. B. WilliamsAmounts and remedies
- Year of Decision: 1,912
- Report Page: 262
03
Procedural history
Posture
Possession of Chattels (horses) / Appeal to Supreme Court of Canada From Supreme Court of Alberta
04
Questions and positions
Legal issues
- 01
Whether the respondent was the owner of the horses and entitled to possession
- 02
Whether the defendant's counterclaim to recover other horses in respondent's possession was valid
- 03
Admissibility of secondary evidence and parol testimony to establish ownership or title
- 04
Effect of a foreign judgment and bill of sale in the determination of ownership
- 05
Appropriate remedy and costs on appeal
Party arguments
- Applicant
- The defendant/appellant contended he was entitled to possession of the horses claimed in his counterclaim and relied on bill of sale/foreign judgment evidence to support his title, arguing the trial court erred in admitting certain secondary/parol evidence and in dismissing his counterclaim.
- Respondent
- The plaintiff/respondent maintained she was the rightful owner of the horses and entitled to possession; she argued the trial judge properly admitted the evidence, correctly decided issues of title and possession, and that the defendant's counterclaim failed.
05
Court’s reasoning
Legal principles
- 01
Supreme Court of Canada
Findings of fact by trial courts will be affirmed on appeal absent demonstrable error or misapplication of law
- 02
Common law evidentiary rules applied by trial court and affirmed by appellate court
Admissibility of secondary evidence and parol testimony is governed by established rules of evidence and must be assessed by trial judges in light of the record
- 03
Decision below and appellate affirmance
The existence and effect of bills of sale or foreign judgments on title to goods must be determined on the evidence and may not displace clear possessory rights without adequate proof
06
Ratio, limits and disposition
Ratio decidendi
The appeal was dismissed because the trial court correctly found the respondent to be the owner entitled to possession on the evidence before it; the appellant failed to prove title or demonstrate reversible error in the admission of evidence or in the dismissal of his counterclaim, so the lower court judgment was affirmed.
Obiter and limits
- The appeal was dismissed by the Supreme Court of Canada after hearing only the appellant's counsel and without calling on the respondent for argument.
- Costs were awarded to the respondent as part of the dismissal.
Court disposition
Appeal dismissed with costs; judgment of Supreme Court of Alberta affirmed
- Appeal dismissed with costs to respondent
- Judgment of the Supreme Court of Alberta (trial judgment) affirmed
Source and reliance status
Supreme Court of Canada · 22 February 1912
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 22 February 1912
Evans v. Evans Collection Supreme Court Judgments Date 1912-02-22 Report (1912) 50 SCR 262 Judges Fitzpatrick, Charles; Idington, John; Duff, Lyman Poore; Anglin, Francis Alexander; Brodeur, Louis-Philippe On appeal from Alberta Subjects Property law Decision Content Supreme Court of Canada Evans v. Evans, (1912) 50 S.C.R. 262 Date: 1912-02-22 Evans; V. Evans Present:—Sir Charles Fitzpatrick C.J. and Idington, Duff, Anglin and Brodeur JJ. 1912: February 20, 22. ON APPEAL FROM THE SUPREME COURT OF ALBERTA. Ownership of horses—Bill of sale—Foreign judgment—Interpleader —Secondary evidence—Partol testimony. APPEAL from the judgment of the Supreme Court of Alberta[1], affirming the judgment of Harvey C.J., at the trial, by which the claim of the plaintiff, respondent, was allowed with costs, and the counterclaim of the defendant, appellant, was dismissed with costs. The action was brought to recover possession of horses which the plaintiff claimed as her property and which the defendant refused to deliver to her. By his counterclaim the defendant claimed possession of certain other horses which were in the possession of the plaintiff. At the trial the plaintiff's claim was allowed with costs and the defendant's counterclaim was dismissed with costs. This judgment was affirmed by the judgment now appealed from. After hearing counsel on behalf of the appellant, and without calling upon the respondent for any argument, the Supreme Court of Canada dismissed the appeal with costs. Appeal dismissed with costs. E. B. Williams for the appellant. C. A. Grant for the respondent. [1] 19 West. L.R. 237.
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