Ruptash et al. v. Goyan

Ruptash et al. v. Goyan

The Court held that (1) there was sufficient corroboration under s.13 of the Alberta Evidence Act to permit judgment against the deceased's estate for fraudulent misrepresentations; and (2) because the transaction was an exchange of equities and the vendors' equity proved valueless, the plaintiff's loss was the value of the equity she transferred, fixed at $21,224.48; accordingly the appeal was dismissed and the cross‑appeal allowed to restore the trial award.

Citation
[1971] SCR 553
Parties
Defendants/appellants (executors): George Ruptash, Sophie Mandryk, Marian Diakur, Margaret Ruptash and Lydia Skoreyko, Executors of the Estate of Mike Ruptash; Plaintiff/respondent: Helen Goyan; Defendant: George Ruptash
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 December 1970
Procedural Posture
Civil Appeal to Supreme Court of Canada (deceit/real Property) / On Appeal From Supreme Court of Alberta, Appellate Division; Final Judgment and Cross Appeal Resolved by This Court
Outcome
Appeal dismissed; cross‑appeal allowed; trial judgment restored awarding plaintiff $21,224.48 against the executors of the deceased; costs awarded to respondent
Legal Topics
Misrepresentation, Corroboration Under Evidence Statute, Measure of Damages in Deceit, Exchange of Equities, Liability of Executors
Source Language
English
Evidence Property Law Tort (deceit) Contract Law Estate Law Misrepresentation Corroboration Under Evidence Statute Measure of Damages in Deceit +2 more

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Parties

George Ruptash, Sophie Mandryk, Marian Diakur, Margaret Ruptash and Lydia Skoreyko, Executors of the Estate of Mike Ruptash

Defendants/appellants (executors)

Helen Goyan

Plaintiff/respondent

George Ruptash

Defendant

Procedural Posture

Civil Appeal to Supreme Court of Canada (deceit/real Property) / On Appeal From Supreme Court of Alberta, Appellate Division; Final Judgment and Cross Appeal Resolved by This Court

Legal Issues

  1. 1 Whether vendor (deceased) made material misrepresentations that induced plaintiff to enter contract
  2. 2 Whether plaintiff's oral evidence was sufficiently corroborated to permit judgment against the deceased's estate under s.13 of the Alberta Evidence Act
  3. 3 Proper measure of damages in an exchange-of-equities transaction where the vendor's equity proved valueless

Ratio Decidendi

The Court held that (1) there was sufficient corroboration under s.13 of the Alberta Evidence Act to permit judgment against the deceased's estate for fraudulent misrepresentations; and (2) because the transaction was an exchange of equities and the vendors' equity proved valueless, the plaintiff's loss was the value of the equity she transferred, fixed at $21,224.48; accordingly the appeal was dismissed and the cross‑appeal allowed to restore the trial award.

Court Disposition

Appeal dismissed; cross‑appeal allowed; trial judgment restored awarding plaintiff $21,224.48 against the executors of the deceased; costs awarded to respondent

Orders

  • Appeal dismissed
  • Cross‑appeal allowed