Western Racing Association v. Woollatt and Wilson, [1929] SCR 483

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.