Beaver Dam (District) v. Stone Estate

Beaver Dam (District) v. Stone Estate

An appeal to the Supreme Court of Canada lies from an appellate court's order granting a new trial after a trial judge improperly took a case from the jury; section 39 of the Supreme Court Act should not be construed to bar such appeals and the respondents' jurisdictional objection failed; on the merits the defendant's appeal was dismissed.

Citation
[1932] SCR 405
Parties
Defendant Appellant: Municipal District of Beaver Dam; Plaintiffs Respondents: Lillie Belle Stone and John Henry Ure, Administrators of the Estate of Walter George Stone, Deceased
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 February 1932
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Damages, Jurisdiction Under Supreme Court Act S.39, New Trial, Taking Case From Jury
Source Language
English
Torts Municipal Law Civil Procedure Appeal Jurisdiction Negligence Damages Jurisdiction Under Supreme Court Act S.39 New Trial +1 more

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Parties

Municipal District of Beaver Dam

Defendant Appellant

Lillie Belle Stone and John Henry Ure, Administrators of the Estate of Walter George Stone, Deceased

Plaintiffs Respondents

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether Supreme Court of Canada has jurisdiction under Supreme Court Act s.39 where no amount has been found at trial
  2. 2 Whether the trial judge properly took the case from the jury and dismissed for lack of evidence connecting highway defect to fatal injury
  3. 3 Whether an order of an appellate court for a new trial is appealable without special leave

Ratio Decidendi

An appeal to the Supreme Court of Canada lies from an appellate court's order granting a new trial after a trial judge improperly took a case from the jury; section 39 of the Supreme Court Act should not be construed to bar such appeals and the respondents' jurisdictional objection failed; on the merits the defendant's appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Order of the Appellate Division ordering a new trial is upheld.