Epoch v. Beaver Lumber Company Limited
The trial judge's finding that the respondent was not dishonest is entitled to deference because she saw and heard the witnesses and the appellate court could not conclude she was wrong; further, the judge's interventions did not demonstrate bias; accordingly the appeal is dismissed and the cross-appeal withdrawn.
Source-derived case information.
- Citation
- C26900
- Parties
- Plaintiff: Jim Epoch; Defendant: Beaver Lumber Company Limited
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 January 1999
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment (ontario)
- Outcome
- Appeal dismissed; cross-appeal withdrawn.
- Legal Topics
- Misconduct, Dishonesty, Judicial Bias, Costs, Credibility Findings, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jim Epoch
Plaintiff
Beaver Lumber Company Limited
Defendant
Procedural Posture
Civil Appeal / Court of Appeal Judgment (ontario)
Legal Issues
- 1 Whether the respondent acted dishonestly
- 2 Whether the trial judge's interventions in questioning indicated bias
- 3 Whether the appellate court should overturn the trial judge's credibility findings
Ratio Decidendi
The trial judge's finding that the respondent was not dishonest is entitled to deference because she saw and heard the witnesses and the appellate court could not conclude she was wrong; further, the judge's interventions did not demonstrate bias; accordingly the appeal is dismissed and the cross-appeal withdrawn.
Court Disposition
Appeal dismissed; cross-appeal withdrawn.
Orders
- The appeal is dismissed with costs.
- The cross-appeal is withdrawn without costs.
Full Case Text
Judgment text and source record
1 paragraphs
Epoch v. Beaver Lumber Company Limited Collection Decisions of the Court of Appeal Date 1999-01-22 Docket numbers C26900 Judges Morden, John Wilson; Laskin, John Ivan; Goudge, Stephen Thomas Subject Civil Decision Content DATE: 19990122 DOCKET: C26900 COURT OF APPEAL FOR ONTARIO RE: JIM EPOCH (Plaintiff / Respondent) and BEAVER LUMBER COMPANY LIMITED (Defendant / Appellant) BEFORE: MORDEN A.C.J.O., LASKIN and GOUDGE JJ.A. COUNSEL: Peter C. Williams, for the appellant Michael J. Bonomi, for the respondent HEARD: January 19, 1999 ENDORSEMENT [1] Although the trial judge found that the respondent was involved in three incidents of misconduct, she also found that in all of the circumstances the respondent had not acted dishonestly. She had the advantage of seeing and hearing the witnesses and we are not in a position to conclude that she was wrong in her finding in this respect. [2] We do not consider that the trial judge=s interventions in questioning two of the appellant's witnesses indicated bias on her part. [3] The appeal is dismissed with costs. The cross-appeal is withdrawn without costs.