Canada Judgment

Supreme Court of Canada

Simpson v. Tasker-Simpson Grain Co.

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01

Holding and result

The Supreme Court allowed the appeal holding that the evidence relied on to establish the alleged partnership was not sufficiently corroborated under the Alberta Evidence Act to sustain the counterclaim against the executrix; therefore the counterclaim could not defeat the appellant's claim and the judgment for the respondent was overturned.

Court disposition

Appeal allowed with costs

Orders

  • Appeal allowed with costs
  • Judgment of the Appellate Division of the Supreme Court of Alberta reversed
  • Counterclaim dismissed and judgment to be entered for the appellant consistent with the Supreme Court's decision

02

Material facts

Parties

Simpson

Appellant, Plaintiff, Executrix of Deceased Husband Counsel: H. P. O. Savary K.C.

Tasker-Simpson Grain Co.

Respondent, Defendant Counsel: G. H. Ross K.C.

Amounts and remedies

  • Claim for Grain Sold and Delivered: CAD 8,147.99

03

Procedural history

  1. Posture

    Civil Appeal / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant asserted an undisputed claim for $8,147.99 for grain sold and delivered and contended that the respondent's larger counterclaim depended on proof of a prior partnership. The appellant, as executrix, argued that Tasker's evidence of partnership was not sufficiently corroborated as required by the Alberta Evidence Act and therefore the estate was not liable for the alleged partnership obligations.
Respondent
Respondent did not dispute the appellant's sale but relied on a counterclaim assigned by Tasker for transactions alleged to have been conducted by a pre-incorporation partnership between Tasker and the deceased. Respondent argued Tasker's testimony and supporting facts sufficiently proved the partnership and justified judgment on the counterclaim against the estate.

05

Court’s reasoning

  1. 01

    Alberta Evidence Act

    Testimony of a surviving partner asserting partnership debts against the estate of a deceased partner must be corroborated as required by the Alberta Evidence Act

  2. 02

    Common law principles on partnership and probate claims cited by the court

    Burden of proof lies on the party asserting the existence of a partnership and the liability of the deceased's estate for partnership obligations

06

Ratio, limits and disposition

Ratio decidendi

The Supreme Court allowed the appeal holding that the evidence relied on to establish the alleged partnership was not sufficiently corroborated under the Alberta Evidence Act to sustain the counterclaim against the executrix; therefore the counterclaim could not defeat the appellant's claim and the judgment for the respondent was overturned.

Obiter and limits

  • Appellate equal division in the Alberta court resulted in affirmation below but was not decisive on the corroboration requirement
  • The decision underscores a strict application of corroboration rules in actions against executors and administrators

Court disposition

Appeal allowed with costs

  • Appeal allowed with costs
  • Judgment of the Appellate Division of the Supreme Court of Alberta reversed
  • Counterclaim dismissed and judgment to be entered for the appellant consistent with the Supreme Court's decision

Source and reliance status

Supreme Court of Canada · 6 April 1920

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Judgment text

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Source document

Supreme Court of Canada

Judgment· 6 April 1920

(1920) 60 SCR 647

Simpson v. Tasker-Simpson Grain Co. Collection Supreme Court Judgments Date 1920-04-06 Report (1920) 60 SCR 647 Judges Davies, Louis Henry; Idington, John; Duff, Lyman Poore; Anglin, Francis Alexander; Brodeur, Louis-Philippe; Mignault, Pierre-Basile On appeal from Alberta Subjects Evidence Decision Content Supreme Court of Canada Simpson v. Tasker-Simpson Grain Co., (1920) 60 S.C.R. 647 Date: 1920-04-06 Simpson; v. Tasker-simpson Grain Co. 1920: February 12, 13; 1920: April 6. Present:—Sir Louis Davies C.J. and Idington, Duff, Anglin, Brodeur and Mignault JJ. ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ALBERTA. Evidence—Partnership—Claim of surviving partner—Onus probandi. APPEAL from the judgment of the Supreme Court of Alberta, Appellate Division[1], affirming, on equal division, the judgment of Walsh J. at the trial and maintaining the counterclaim of the defendant, respondent. The appellant claimed $8,147.99 for grain sold and delivered to the respondent. This claim was not disputed by the respondent, but he fyled a counterclaim for a greater amount claimed to be due him by appellant's husband upon transactions made on behalf of an alleged partnership between Tasker and Simpson, before the incorporation of the respondent company, the claim having been transferred by Tasker to the respondent. The whole question was whether the evidence of Tasker as to the

existence of such partnership was sufficiently corroborated to satisfy the "Alberta Evidence Act" in a case of a claim against the executor of the estate of a deceased person, as in the present case the appellant had been named executrix of her husband's estate. The trial judge found in favor of the respondent, and, the Appellate Division, upon an equal division of the court, affirmed this judgment. On the appeal by the plaintiff to the Supreme Court of Canada, the court, after hearing counsel for both parties, reserved judgment, and, at a subsequent date, allowed the appeal with costs. Appeal allowed with costs. H. P. O. Savary K.C. for the appellant. G. H. Ross K.C. for the respondent. [1] [1919] 3 W.W.R. 928.

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Authorities

Authorities used by the court

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

Alberta Evidence Act

Legislation

Legislation referenced in the available case record.

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