Can. Pac. Ry. Co. v. Blain

Can. Pac. Ry. Co. v. Blain

Majority held that the decree as pronounced and as entered left the whole case open on the new trial; because the formal order transmitted to the trial court was general and no timely correction was sought, the retrial legitimately considered liability for the second assault and the jury’s apportionment of damages for second and third assaults should not be disturbed; appeal dismissed with costs.

Citation
(1905) 36 SCR 159
Parties
Appellant / Defendant: Canadian Pacific Railway Company; Respondent / Plaintiff: Thomas Joseph Blain
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 May 1905
Procedural Posture
Civil Appeal / Appeal to the Supreme Court of Canada — Final Judgment on Appeal From Court of Appeal for Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Negligence, Duty of Carrier, Damages, New Trial, Mandate Construction, Rectification of Judgment
Source Language
English
Tort Carrier Liability Civil Procedure Appeals Negligence Duty of Carrier Damages New Trial +2 more

Case Brief

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Parties

Canadian Pacific Railway Company

Appellant / Defendant

Thomas Joseph Blain

Respondent / Plaintiff

Procedural Posture

Civil Appeal / Appeal to the Supreme Court of Canada — Final Judgment on Appeal From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the appellate court's order for a new trial was limited to the third assault
  2. 2 Whether the trial court and jury were bound by the prior opinion and precluded from awarding damages for the second assault on retrial
  3. 3 Whether formal judgment must be construed by reference to the reasons and may be amended nunc pro tunc

Ratio Decidendi

Majority held that the decree as pronounced and as entered left the whole case open on the new trial; because the formal order transmitted to the trial court was general and no timely correction was sought, the retrial legitimately considered liability for the second assault and the jury’s apportionment of damages for second and third assaults should not be disturbed; appeal dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs