Western Racing Association v. Woollatt and Wilson

Western Racing Association v. Woollatt and Wilson
Collection
Supreme Court Judgments
Date
1929-03-20
Report
[1929] SCR 483
Judges
Duff, Lyman Poore; Mignault, Pierre-Basile; Rinfret, Thibaudeau; Lamont, John Henderson; Smith, Robert
On appeal from
Ontario
Subjects
Commercial law
Decision Content
Supreme Court of Canada
Western Racing Association v. Woollatt and Wilson, [1929] S.C.R. 483
Date: 1929-03-20
The Western Racing Association Limited (Defendant) Appellant;
and
William R. Woollatt (Defendant) Respondent.
and
Bradley Wilson Plaintiff.
The Western Racing Association Limited (Defendant) Appellant;
and
William R. Woollatt (Plaintiff) Respondent.
1929: March 13, 14, 20.
Present: Duff, Mignault, Rinfret, Lamont and Smith JJ.
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ONTARIO.
Company—Claim against company for indebtedness—Accounts—Reference—Attack on Referee’s report—Claims for salary and bonus as manager—Compound interest—Appeal from judgment of Appellate Division, Ont., 62 Ont. L.R. 620, dismissed.
APPEAL from the judgment of the Appellate Division of the Supreme Court of Ontario[1] dismissing the present appellant’s appeal from the judgment of Middleton, J.A., confirming (with a variation) the report of His Honour Judge Coughlin, special referee, upon a reference (directed in an action brought by the plaintiff Wilson, in which the respondent and appellant were defendants) to determine the amount for which a certain default judgment in favour of the respondent against the appellant should have been entered “in accordance with the accounts, books and vouchers of the said defendant corporation and from other evidence available”.
After hearing argument of counsel, the Court reserved judgment, and on a subsequent day delivered judgment (written reasons being delivered by Smith J., with whom the other members of the Court concurred) dismissing the appeal with costs.
Appeal dismissed with costs.
R.S. Robertson K.C. for the appellant.
S.L. Springsteen for the respondent.
[1] (1928) 62 Ont. L.R. 620.