The King v. Proud
Where a claimant lived openly with the insured as his wife, had children acknowledged by him as legitimate, was accepted by reputable people as his wife and the insured himself treated her as his wife, those facts constitute prima facie proof of marriage sufficient to uphold entitlement under the Returned Soldiers'...
Source-derived case information.
- Citation
- [1926] SCR 599
- Parties
- Appellant (crown): His Majesty The King; Respondent (suppliant): Elsie Proud
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 4 May 1926
- Procedural Posture
- Appeal; Petition of Right Under the Returned Soldiers' Insurance Act / On Appeal to the Supreme Court of Canada From the Exchequer Court of Canada; Final Determination
- Outcome
- Appeal dismissed; judgment of the Exchequer Court affirmed.
- Legal Topics
- Proof of Marriage, Beneficiary Entitlement Under Statutory Insurance, Prima Facie Evidence, Cohabitation and Reputation
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
His Majesty The King
Appellant (crown)
Elsie Proud
Respondent (suppliant)
Procedural Posture
Appeal; Petition of Right Under the Returned Soldiers' Insurance Act / On Appeal to the Supreme Court of Canada From the Exchequer Court of Canada; Final Determination
Legal Issues
- 1 Whether claimant established a valid marriage for beneficiary status under the Returned Soldiers' Insurance Act
- 2 Whether absence of a marriage certificate or detailed recollection defeats entitlement
- 3 What weight cohabitation, acknowledgment of children and community reputation carry as evidence of marriage
Ratio Decidendi
Where a claimant lived openly with the insured as his wife, had children acknowledged by him as legitimate, was accepted by reputable people as his wife and the insured himself treated her as his wife, those facts constitute prima facie proof of marriage sufficient to uphold entitlement under the Returned Soldiers' Insurance Act despite absence of a marriage certificate or detailed recollection of the ceremony; the trial judge's acceptance of such evidence must be affirmed.
Court Disposition
Appeal dismissed; judgment of the Exchequer Court affirmed.
Orders
- Appeal dismissed with costs
- Judgment of the Exchequer Court affirmed
Full Case Text
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