MacKenzie v. Palmer

MacKenzie v. Palmer

The Supreme Court allowed the appeal because a trial judge may properly accept parts of a plaintiff's testimony and reject other parts; where the judge finds from physical facts and credibility assessments that connection and paternity are established, he may find seduction and award damages even though the plaintiff's statements as to force and lack of consent were partially discredited; accordingly the trial judge's finding and award were restored.

Citation
(1921) 62 SCR 517
Parties
Appellant/plaintiff: Amelia MacKenzie; Respondent/defendant: Robert Palmer
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 November 1921
Procedural Posture
Tort (seduction/indecent Assault) / Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan
Outcome
Appeal allowed with costs; judgment of the trial judge restored
Legal Topics
Seduction, Indecent Assault, Consent, Evidence, Damages, Criminal Code S.13
Source Language
English
Criminal Law Tort Seduction Indecent Assault Consent Evidence Damages Criminal Code S.13

Case Brief

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Parties

Amelia MacKenzie

Appellant/plaintiff

Robert Palmer

Respondent/defendant

Procedural Posture

Tort (seduction/indecent Assault) / Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan

Legal Issues

  1. 1 Whether a trial judge may accept part of a witness's testimony and reject other parts and still find seduction
  2. 2 Whether seduction can be established where plaintiff's evidence of force and lack of consent is discredited
  3. 3 Effect of Criminal Code s.13 and the historical rule suspending civil action where facts constitute a felony

Ratio Decidendi

The Supreme Court allowed the appeal because a trial judge may properly accept parts of a plaintiff's testimony and reject other parts; where the judge finds from physical facts and credibility assessments that connection and paternity are established, he may find seduction and award damages even though the plaintiff's statements as to force and lack of consent were partially discredited; accordingly the trial judge's finding and award were restored.

Court Disposition

Appeal allowed with costs; judgment of the trial judge restored

Orders

  • Appeal allowed with costs
  • Judgment of learned trial judge restored