Canada Judgment

Supreme Court of Canada

Phillips v. Roy et al.

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The appeal was dismissed because the appellants failed to establish negligence by respondent Roy and there was no reason for the Supreme Court to disturb the concurrent factual findings of the courts below.

Court disposition

Appeal dismissed with costs.

Orders

  • Judgment of the Supreme Court of New Brunswick, Appeal Division, affirming the trial judgment dismissing the appellants' claim, is affirmed.
  • Appeal dismissed with costs.

02

Material facts

Parties

Elizabeth Mary Phillips

Appellant Counsel: Raymond Dubé

Evangeline Phillips

Appellant Counsel: Raymond Dubé

Leo Roy

Respondent Counsel: J. Turney Jones, Q.C.

Lionel Fontaine

Respondent Counsel: J. Turney Jones, Q.C.

03

Procedural history

  1. Posture

    Motor Vehicle Negligence / Appeal to the Supreme Court of Canada

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellants argued that respondent Roy was negligent in the operation of a motor vehicle and that this negligence caused damage for which they seek damages.
Respondent
Respondents argued that appellants failed to establish negligence on the balance of probabilities and that the concurrent findings of fact by the trial judge and the New Brunswick Appeal Division should not be disturbed.

05

Court’s reasoning

  1. 01

    Common law - negligence jurisprudence

    The plaintiff bears the burden of proving negligence on a balance of probabilities.

  2. 02

    Appellate review standard - common law

    An appellate court will not overturn concurrent findings of fact of lower courts absent a palpable and overriding error.

06

Ratio, limits and disposition

Ratio decidendi

The appeal was dismissed because the appellants failed to establish negligence by respondent Roy and there was no reason for the Supreme Court to disturb the concurrent factual findings of the courts below.

Court disposition

Appeal dismissed with costs.

  • Judgment of the Supreme Court of New Brunswick, Appeal Division, affirming the trial judgment dismissing the appellants' claim, is affirmed.
  • Appeal dismissed with costs.

Source and reliance status

Supreme Court of Canada · 2 June 1977

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 2 June 1977

[1977] 2 SCR 521

Phillips v. Roy et al. Collection Supreme Court Judgments Date 1977-06-02 Report [1977] 2 SCR 521 Judges Martland, Ronald; Ritchie, Roland Almon; Spence, Wishart Flett; Dickson, Robert George Brian; Beetz, Jean On appeal from New Brunswick Subjects Motor vehicles Decision Content Supreme Court of Canada Phillips v. Roy et al., [1977] 2 S.C.R. 521 Date: 1977-06-02 Elizabeth Mary Phillips and Evangeline Phillips Appellants; and Leo Roy and Lionel Fontaine Respondents. 1977: June 2. Present: Martland, Ritchie, Spence, Dickson and Beetz JJ. ON APPEAL FROM THE SUPREME COURT OF NEW BRUNSWICK, APPEAL DIVISION Motor vehicles—Failure to establish negligence—Concurrent findings by Courts below—No reason to reverse. APPEAL from a judgment of the Supreme Court of New Brunswick, Appeal division[1], affirming a judgment of Stevenson J.2 dismissing appellants’ claim for damages. Appeal dismissed with costs. Raymond Dubé, for the appellants. J. Turney Jones, Q.C., for the respondents. The judgment of the Court was delivered orally by MARTLAND J.—We see no reason to reverse the concurrent findings of the Courts below that the appellants failed to establish negligence on the part of the respondent Roy. The appeal is dismissed with costs. Appeal dismissed with costs. Solicitors for the appellants: Raymond, Dubé, Dalhousie. Solicitors for the respondents: Gilbert, McGloan, Gillis & Jones, Saint John. [1] (1974), 4 A.P.R. 137. 2(1974), 9 N.B.R. 618.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

(1974), 4 A.P.R. 137

Case cited

(1974), 9 N.B.R. 618

Case cited

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.