Rousseau v. Bennett

Rousseau v. Bennett

Trial judge's factual findings based on permissible presumptions of fact and the balance of probabilities established that the respondent's truck caused the injury; once causation was established the statutory presumption in s.53 Motor Vehicles Act applied and was not rebutted, so respondents are liable; appellate...

Source-derived case information.

Citation
[1956] SCR 89
Parties
Appellant/plaintiff: Dame Laurette Rousseau; Plaintiff/curator: Alexandre Rousseau; Respondent/defendant: Herman Bennett; Respondent/defendant: Ulric Nutbrown
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 December 1955
Procedural Posture
Civil Appeal Motor Vehicle Tort / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec; Trial Judgment Restored
Outcome
Appeal allowed; judgment at trial restored; respondents held liable
Legal Topics
Onus of Proof, Presumptions of Fact, Balance of Probabilities, Statutory Presumption of Negligence (s.53), Causation
Source Language
english
Tort Motor Vehicle Law Evidence Civil Procedure Onus of Proof Presumptions of Fact Balance of Probabilities Statutory Presumption of Negligence (s.53) +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dame Laurette Rousseau

Appellant/plaintiff

Alexandre Rousseau

Plaintiff/curator

Herman Bennett

Respondent/defendant

Ulric Nutbrown

Respondent/defendant

Procedural Posture

Civil Appeal Motor Vehicle Tort / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec; Trial Judgment Restored

Legal Issues

  1. 1 Whether the respondent's truck struck the victim
  2. 2 Whether presumptions and balance of probabilities suffice to establish causation in absence of direct eyewitness evidence
  3. 3 Whether s.53 of the Motor Vehicles Act applies once vehicle-damage relation is established

Ratio Decidendi

Trial judge's factual findings based on permissible presumptions of fact and the balance of probabilities established that the respondent's truck caused the injury; once causation was established the statutory presumption in s.53 Motor Vehicles Act applied and was not rebutted, so respondents are liable; appellate court must not overturn such findings absent error.

Court Disposition

Appeal allowed; judgment at trial restored; respondents held liable

Orders

  • Appeal allowed with costs
  • Trial judgment restored and respondents ordered to pay damages and costs as awarded by the trial judge