Holder v. Dundass et al.
Court headnote
Holder v. Dundass et al. Collection Supreme Court Judgments Date 1976-03-18 Report [1977] 1 SCR 712 Judges Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean On appeal from Quebec Subjects Torts Decision Content Supreme Court of Canada Holder v. Dundass et al., [1977] 1 S.C.R. 712 Date: 1976-03-18 Dame Patricia A. Holder Appellant; and Roberta P. Dundass et al. Respondents. 1976: March 18. Present: Ritchie, Spence, Pigeon, Dickson and Beetz JJ. ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC Negligence—Fall on stairway—Stairway built contrary to municipal by-law—Causal relation—Sufficient evidence—Appeal courts should not intervene—Civil Code, arts. 1053, 1054, 1055. APPEAL from a judgment of the Court of Appeal for Quebec[1], setting aside a judgment of the Superior Court condemning respondents to damages. Appeal allowed with costs. J. Nuss, Q.C., and E. Drymer, for the appellant. J. Vincent O’Donnell, Q.C., for the respondents. The judgment of the Court was delivered orally by RITCHIE J.—We are all of the opinion that there was evidence to support the findings of the learned trial judge and that the Court of Appeal was not justified in interfering with those findings. The appeal is therefore allowed, the judgment of the Court of Appeal set aside and the judgment of the trial judge restored. The appellant is entitled to her costs in this Court and in the Court of Appeal. Appeal allowed with costs. Solicitors for the …
Full judgment (source text)
Mirrored from decisions.scc-csc.ca — the linked original is authoritative.
Holder v. Dundass et al. Collection Supreme Court Judgments Date 1976-03-18 Report [1977] 1 SCR 712 Judges Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean On appeal from Quebec Subjects Torts Decision Content Supreme Court of Canada Holder v. Dundass et al., [1977] 1 S.C.R. 712 Date: 1976-03-18 Dame Patricia A. Holder Appellant; and Roberta P. Dundass et al. Respondents. 1976: March 18. Present: Ritchie, Spence, Pigeon, Dickson and Beetz JJ. ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC Negligence—Fall on stairway—Stairway built contrary to municipal by-law—Causal relation—Sufficient evidence—Appeal courts should not intervene—Civil Code, arts. 1053, 1054, 1055. APPEAL from a judgment of the Court of Appeal for Quebec[1], setting aside a judgment of the Superior Court condemning respondents to damages. Appeal allowed with costs. J. Nuss, Q.C., and E. Drymer, for the appellant. J. Vincent O’Donnell, Q.C., for the respondents. The judgment of the Court was delivered orally by RITCHIE J.—We are all of the opinion that there was evidence to support the findings of the learned trial judge and that the Court of Appeal was not justified in interfering with those findings. The appeal is therefore allowed, the judgment of the Court of Appeal set aside and the judgment of the trial judge restored. The appellant is entitled to her costs in this Court and in the Court of Appeal. Appeal allowed with costs. Solicitors for the appellant: Ahern, de Brabant, Nuss & Drymer, Montreal. Solicitors for the respondents: Tansey, de Grandpré, Bergeron, Lavery, O’Donnell & Clark, Montreal. [1] [1973] C.A. 474.
Source: decisions.scc-csc.ca
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[2006] 1 SCR 643