Beim v. Goyer

Beim v. Goyer

The Supreme Court allowed the appeal and restored the trial judgment because there was evidence on which the jury could reasonably infer that the constable was negligent by carrying and firing a revolver with his finger on the trigger while running over rough, stony ground after having fallen multiple times; that factual inference supported civil liability for the accidental discharge and should not have been disturbed.

Citation
[1965] SCR 638
Parties
Plaintiff/appellant: Ralph Beim; Defendant/respondent: Joseph Goyer
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 May 1965
Procedural Posture
Tort — Negligence (police Shooting) / Appeal to Supreme Court of Canada From Court of Queen's Bench (appeal Side), Quebec (final)
Outcome
Appeal allowed; trial judgment restored in favour of plaintiff
Legal Topics
Negligence, Police Use of Firearms, Use of Force Justification (criminal Code S.25(4)), Accidental Discharge, Jury Findings and Evidence
Source Language
English
Torts Criminal Law Negligence Police Use of Firearms Use of Force Justification (criminal Code S.25(4)) Accidental Discharge Jury Findings and Evidence

Case Brief

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Parties

Ralph Beim

Plaintiff/appellant

Joseph Goyer

Defendant/respondent

Procedural Posture

Tort — Negligence (police Shooting) / Appeal to Supreme Court of Canada From Court of Queen's Bench (appeal Side), Quebec (final)

Legal Issues

  1. 1 Whether the police officer negligently handled his firearm causing the accidental shooting
  2. 2 Whether s.25(4) of the Criminal Code justified the officer's conduct or otherwise precluded civil liability
  3. 3 Whether the jury's finding of negligence was supported by the evidence and by correct translation/instruction to the jury

Ratio Decidendi

The Supreme Court allowed the appeal and restored the trial judgment because there was evidence on which the jury could reasonably infer that the constable was negligent by carrying and firing a revolver with his finger on the trigger while running over rough, stony ground after having fallen multiple times; that factual inference supported civil liability for the accidental discharge and should not have been disturbed.

Court Disposition

Appeal allowed; trial judgment restored in favour of plaintiff

Orders

  • Restore trial judgment in favour of plaintiff (Beim) against defendant (Goyer).
  • Award for plaintiff as assessed by jury: $32,036.80 (plus interest as determined at trial).