Confederation Life Association v. Borden

Confederation Life Association v. Borden

Appeal allowed and trial judgment restored because the jury findings on the limited questions submitted were supported by the evidence and the provincial court's grant of a new trial on the ground the verdict was against the weight of evidence was an error subject to appellate reversal; additionally, appellate consideration is confined to grounds raised below and the defences purportedly discharging the sureties were not pleaded or found by the jury.

Citation
(1904) 34 SCR 338
Parties
Appellant / Plaintiff: Confederation Life Association; Respondents / Defendants (sureties): Frederick W. Borden and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 February 1904
Procedural Posture
Appeal / On Appeal From the Supreme Court of Nova Scotia to the Supreme Court of Canada
Outcome
Appeal allowed; judgment for plaintiff restored; order of Supreme Court of Nova Scotia ordering a new trial set aside.
Legal Topics
New Trial, Weight of Evidence, Fidelity Bond, Non Disclosure to Surety, Retention of Agent, Burden of Proof, Appellate Review
Source Language
English
Appeal Suretyship Agency Evidence Civil Procedure Contract New Trial Weight of Evidence +5 more

Case Brief

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Parties

Confederation Life Association

Appellant / Plaintiff

Frederick W. Borden and Others

Respondents / Defendants (sureties)

Procedural Posture

Appeal / On Appeal From the Supreme Court of Nova Scotia to the Supreme Court of Canada

Legal Issues

  1. 1 Whether a provincial court's order granting a new trial on the ground that the verdict was against the weight of the evidence is an exercise of discretion immune from appellate interference
  2. 2 Whether the plaintiff's conduct (retention of agent after defaults, alleged secret arrangement to apply commissions to past indebtedness, deviations from remittance instructions and advances of commissions) discharged the sureties under the fidelity bond
  3. 3 Whether the appellate court may consider new factual grounds not raised below

Ratio Decidendi

Appeal allowed and trial judgment restored because the jury findings on the limited questions submitted were supported by the evidence and the provincial court's grant of a new trial on the ground the verdict was against the weight of evidence was an error subject to appellate reversal; additionally, appellate consideration is confined to grounds raised below and the defences purportedly discharging the sureties were not pleaded or found by the jury.

Court Disposition

Appeal allowed; judgment for plaintiff restored; order of Supreme Court of Nova Scotia ordering a new trial set aside.

Orders

  • Appeal allowed with costs
  • Judgment for the plaintiff (Confederation Life Association) restored; order for new trial set aside