Briggs v. Newswander

Briggs v. Newswander

The contemporaneous written agreements created an express trust to enable Newswander (and associates) to capitalize and operate the mining properties; Newswander's failure to incorporate the company and his conversion of the property constituted a breach that gave rise to a resulting trust in favour of Briggs entitling him to equitable relief. The proper equitable remedy was to declare Briggs entitled to an interest (one-quarter) in the properties, order a conveyance and an account of profits (with allowance for rightful expenditures and charge for refund of the original purchase money), and to grant costs to the appellant. The appeal was allowed and the lower courts' judgments reversed.

Citation
(1902) 32 SCR 405
Parties
Plaintiff/appellant: Robinson P. Briggs; Defendants/respondents: Samuel Newswander and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 May 1902
Procedural Posture
Contract/equity (mining Claim Sale and Trust) / Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia
Outcome
Appeal allowed with costs; judgment of the Supreme Court of British Columbia reversed; plaintiff declared entitled to equitable relief
Legal Topics
Mining Claim Sale, Specific Performance, Resulting Trust, Breach of Trust, Allocation of Shares, Partnership Interest, Accounting
Source Language
English
Contract Trusts Property Equity Partnership Law Mining Law Mining Claim Sale Specific Performance +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 19 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Robinson P. Briggs

Plaintiff/appellant

Samuel Newswander and Others

Defendants/respondents

Procedural Posture

Contract/equity (mining Claim Sale and Trust) / Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia

Legal Issues

  1. 1 Construction of contemporaneous agreements for sale and allotment of shares
  2. 2 Whether a resulting trust arose on breach of the agreement
  3. 3 Whether the vendor was entitled to reconveyance, specific performance or an account

Ratio Decidendi

The contemporaneous written agreements created an express trust to enable Newswander (and associates) to capitalize and operate the mining properties; Newswander's failure to incorporate the company and his conversion of the property constituted a breach that gave rise to a resulting trust in favour of Briggs entitling him to equitable relief. The proper equitable remedy was to declare Briggs entitled to an interest (one-quarter) in the properties, order a conveyance and an account of profits (with allowance for rightful expenditures and charge for refund of the original purchase money), and to grant costs to the appellant. The appeal was allowed and the lower courts' judgments reversed.

Court Disposition

Appeal allowed with costs; judgment of the Supreme Court of British Columbia reversed; plaintiff declared entitled to equitable relief

Orders

  • Declare Robinson P. Briggs entitled to a one-quarter interest in the 'Dublin' and 'Cork' mineral claims
  • Order conveyance of the said mineral claims to Briggs (reconveyance) subject to payment or accounting adjustments including repayment of the original purchase money received by Briggs