McMillan v. Brownlee

McMillan v. Brownlee

Majority held that s.5 of The Seduction Act creates an action by an unmarried female which is not limited to the special damage required under the earlier sections (loss of service/pregnancy); prior Alberta decisions construing s.5 are to be treated as sanctioned by reenactment; on the evidence there was sufficient proof of damage and the jury's award should be entered and sustained.

Citation
[1937] SCR 318
Parties
Appellant / Plaintiff (unmarried Female): Vivian Macmillan; Respondent / Defendant: J. E. Brownlee; Plaintiff (co Plaintiff): Father of Vivian Macmillan
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 March 1937
Procedural Posture
Civil Tort (seduction) / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal allowed; judgment entered for appellant on the jury verdict; appellant awarded costs throughout.
Legal Topics
Seduction, Cause of Action, Damages, Statutory Construction, Evidence Sufficiency, Standard of Review of Jury Verdict
Source Language
English
Tort Law Statutory Interpretation Family Law Criminal Law Seduction Cause of Action Damages Statutory Construction +2 more

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Parties

Vivian Macmillan

Appellant / Plaintiff (unmarried Female)

J. E. Brownlee

Respondent / Defendant

Father of Vivian Macmillan

Plaintiff (co Plaintiff)

Procedural Posture

Civil Tort (seduction) / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether s.5 of The Seduction Act, R.S.A. 1922, c. 102, creates an independent cause of action for an unmarried female that does not require proof of pregnancy, childbirth or loss of service
  2. 2 Whether the damages found by the jury were of the character required by s.5 or whether proof of special damage (loss of service/pregnancy/physical disability) is necessary
  3. 3 Whether prior Alberta decisions construing s.5 are binding and control interpretation of the reenacted statute

Ratio Decidendi

Majority held that s.5 of The Seduction Act creates an action by an unmarried female which is not limited to the special damage required under the earlier sections (loss of service/pregnancy); prior Alberta decisions construing s.5 are to be treated as sanctioned by reenactment; on the evidence there was sufficient proof of damage and the jury's award should be entered and sustained.

Court Disposition

Appeal allowed; judgment entered for appellant on the jury verdict; appellant awarded costs throughout.

Orders

  • Enter judgment for appellant Vivian Macmillan in the amount of $10,000.
  • Enter judgment for plaintiff father in the amount of $5,000.