Bustin v. W.H. Thorne & Co.

Bustin v. W.H. Thorne & Co.

Appeal allowed and a new trial ordered because the trial judge's charge evidenced passion and bias and was improper, such that the jury's verdict could not stand; the appellate court has authority to order a new trial despite the lower court being equally divided on the motion for a new trial.

Citation
(1906) 37 SCR 532
Parties
Defendant/appellant: Bustin; Plaintiff/respondent: W. H. Thorne & Co., Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1906
Procedural Posture
Civil Contract/recovery of Price Under Guarantee / Appeal From Supreme Court of New Brunswick; Motion for New Trial; Hearing Before Supreme Court of Canada
Outcome
Appeal allowed; new trial ordered; costs awarded to appellant.
Legal Topics
New Trial, Jury Charge, Misdirection, Judicial Bias, Appealability of Orders
Source Language
English
Civil Procedure Contract Evidence Appellate Review Judicial Bias New Trial Jury Charge Misdirection +1 more

Case Brief

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Parties

Bustin

Defendant/appellant

W. H. Thorne & Co., Ltd.

Plaintiff/respondent

Procedural Posture

Civil Contract/recovery of Price Under Guarantee / Appeal From Supreme Court of New Brunswick; Motion for New Trial; Hearing Before Supreme Court of Canada

Legal Issues

  1. 1 Whether the trial judge's charge to the jury displayed bias or passion warranting a new trial
  2. 2 Whether the formal rule entered when the lower court was equally divided was an appealable judgment
  3. 3 Whether evidentiary handling (admission/rejection and weight) justified a new trial

Ratio Decidendi

Appeal allowed and a new trial ordered because the trial judge's charge evidenced passion and bias and was improper, such that the jury's verdict could not stand; the appellate court has authority to order a new trial despite the lower court being equally divided on the motion for a new trial.

Court Disposition

Appeal allowed; new trial ordered; costs awarded to appellant.

Orders

  • Appeal allowed
  • New trial ordered