King v. Colonial Homes Limited and Others

King v. Colonial Homes Limited and Others

Appeal dismissed because uncontradicted evidence established that O’Dwyer drove the truck without consent and no properly instructed reasonable jury could have reached a different conclusion; therefore even if the trial judge erred in discharging the jury, appellate intervention was unnecessary because any jury would inevitably have found the same outcome.

Citation
[1956] SCR 528
Parties
Appellant/plaintiff: Randolph J. King; Respondent/defendant: Colonial Homes Limited; Respondent/defendant: Robert Rendall; Respondent/defendant: Wesley Oben; Respondent/defendant: Christopher O’dwyer
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 May 1956
Procedural Posture
Civil Appeal (motor Vehicle Collision) / Supreme Court Final Hearing on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Vicarious Liability, Vehicle Possession, Jury Trial Discretion, Evidence of Insurance
Source Language
English
Torts Motor Vehicles Insurance Law Civil Procedure Vicarious Liability Vehicle Possession Jury Trial Discretion Evidence of Insurance

Case Brief

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Parties

Randolph J. King

Appellant/plaintiff

Colonial Homes Limited

Respondent/defendant

Robert Rendall

Respondent/defendant

Wesley Oben

Respondent/defendant

Christopher O’dwyer

Respondent/defendant

Procedural Posture

Civil Appeal (motor Vehicle Collision) / Supreme Court Final Hearing on Appeal

Legal Issues

  1. 1 Whether Colonial Homes satisfied the onus under s.50(1) of the Highway Traffic Act to show the truck was in the possession of a person other than the owner or its chauffeur at the time of collision
  2. 2 Whether the truck was driven with the consent of the owner or its authorised chauffeur
  3. 3 Whether the trial judge properly discharged the jury and tried the case himself over the plaintiff's objection

Ratio Decidendi

Appeal dismissed because uncontradicted evidence established that O’Dwyer drove the truck without consent and no properly instructed reasonable jury could have reached a different conclusion; therefore even if the trial judge erred in discharging the jury, appellate intervention was unnecessary because any jury would inevitably have found the same outcome.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Trial judgment affirmed: judgment for plaintiff against Christopher O’dwyer for $656.73; action dismissed as against Colonial Homes Limited, Robert Rendall and Wesley Oben