Graci v. Fletcher
The trial judge's findings of liability were supported by the evidence and justified; the absence of express credibility findings on unpleaded provocation did not amount to reversible error; the damages award stood and the appeal was dismissed.
Source-derived case information.
- Citation
- C22322
- Parties
- Respondent: J. Paul Graci (trustee of the estate of Edward Fletcher, a bankrupt); Respondent: Jo-Anne Fletcher; Respondent: Edward Fletcher Jr.; Respondent: Donna Fletcher; Appellant: Richard Fletcher
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 October 1998
- Procedural Posture
- Civil / Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Assault, Damages, Provocation, Credibility, Probation, Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J. Paul Graci (trustee of the estate of Edward Fletcher, a bankrupt)
Respondent
Jo-Anne Fletcher
Respondent
Edward Fletcher Jr.
Respondent
Donna Fletcher
Respondent
Richard Fletcher
Appellant
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether the trial judge was justified in findings of liability for assault
- 2 Whether failure to make explicit credibility findings on provocation constituted reversible error
- 3 Whether the award of damages was excessive
Ratio Decidendi
The trial judge's findings of liability were supported by the evidence and justified; the absence of express credibility findings on unpleaded provocation did not amount to reversible error; the damages award stood and the appeal was dismissed.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Graci v. Fletcher Collection Decisions of the Court of Appeal Date 1998-10-14 Docket numbers C22322 Judges Finlayson, George Duncan; Catzman, Marvin Adrian; Abella, Rosalie Silberman Subject Civil Decision Content DATE: 19981014 DOCKET: C22322 COURT OF APPEAL FOR ONTARIO RE: J. PAUL GRACI, TRUSTEE OF THE ESTATE OF EDWARD FLETCHER, A BANKRUPT, JO-ANNE FLETCHER, EDWARD FLETCHER JR., AND DONNA FLETCHER (Plaintiffs / Respondents) and RICHARD FLETCHER (Defendant / Appellant) BEFORE: FINLAYSON, CATZMAN and ABELLA JJ.A. COUNSEL: Richard Fletcher, the appellant, in person J. R. Turnbull, for the respondents HEARD: October 13, 1998 ENDORSEMENT [1] The appellant, Richard Fletcher, pleaded guilty in 1994 in the Provincial Court to a reduced charge of assault on his brother Edward Fletcher and was fined and placed on 18 months= probation. The agreed upon facts read to the court were as follows: As they were passing in a hallway, an altercation arose where Edward Fletcher was knocked backwards into the filing cabinets by Richard Fletcher. Richard Fletcher struck Edward Fletcher a number of times in the face and body. Edward Fletcher suffered bruises to the chin, temple, head and also a cut to his lips. [2] In these circumstances, and having regard to the evidence that he heard at the trial in these proceedings, the trial judge was more than justified in making the findings as to liability that he did. [3] In this court, the appellant complains that the trial judge did not make findings of credibility with respect to the issue of provocation. The issue of provocation was not pleaded in the civil proceedings. [4] With respect to the award of damages, very little was said in this court on the subject, but in any event, having read the material, we are not in a position to disagree with the award made by the trial judge. [5] Accordingly, the appeal is dismissed with costs.