Pratte v. Voisard

Pratte v. Voisard

Under Quebec law expert opinion evidence by handwriting comparison is admissible and, when convincingly supporting the trial judge's factual findings and admitted without objection, an appellate court should accept those findings and may restore the trial judgment setting aside a forged will.

Citation
(1918) 57 SCR 184
Parties
Plaintiff Appellant: Dame O. Pratte and vir; Defendant Respondent: Narcisse Voisard
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 October 1918
Procedural Posture
Civil Appeal (will/probate) / On Appeal to the Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed; judgment of Court of King's Bench reversed; judgment of Superior Court restored.
Legal Topics
Handwriting Expert Evidence, Holographic Will, Admissibility of Opinion Evidence, Appellate Review of Factual Findings
Source Language
English
Evidence Wills and Succession Criminal Law (forgery) Handwriting Expert Evidence Holographic Will Admissibility of Opinion Evidence Appellate Review of Factual Findings

Case Brief

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Parties

Dame O. Pratte and vir

Plaintiff Appellant

Narcisse Voisard

Defendant Respondent

Procedural Posture

Civil Appeal (will/probate) / On Appeal to the Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether expert evidence comparing handwriting is admissible under Quebec law
  2. 2 Whether the holographic will was forged or in the handwriting of the deceased
  3. 3 Whether appellate court may disregard expert evidence admitted at trial when no objection was taken

Ratio Decidendi

Under Quebec law expert opinion evidence by handwriting comparison is admissible and, when convincingly supporting the trial judge's factual findings and admitted without objection, an appellate court should accept those findings and may restore the trial judgment setting aside a forged will.

Court Disposition

Appeal allowed; judgment of Court of King's Bench reversed; judgment of Superior Court restored.

Orders

  • Appeal allowed with costs
  • Judgment of the Superior Court restored (plaintiffs' action maintained)