Supreme Court of Canada
Paul v. Gray et al., [1972] S.C.R. 118
Date: 1971-04-05
Frank Paul and Charlotte Paul (Plaintiffs) Appellants;
and
Ralph Leonard Gray, George H. Workman and Canadian National Railway Company (Defendants) Respondents.
1971: March 30, 31; 1971: April 5.
Present: Martland, Judson, Ritchie, Spence and Laskin JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.
Contracts—Contract for erection of overpass—Failure on part of contractor to comply with requirements of contract and instructions of railway company—Company entitled under contract to terminate same and employ another contractor to complete work—No interference by Court of Appeal with trial judge’s findings of fact—No evidence to support claim of conspiracy—Appeal dismissed by Supreme Court of Canada.
APPEAL from a judgment of the Court of Appeal for Ontario, dismissing the appelants’ appeal from a judgment of Wilson J. in an action arising out of a contract for the erection of a railway overpass. Appeal dismissed.
Frank Paul, in person, for plaintiffs, appellants.
A.G. Lennon, for the defendants, respondents.
The judgment of the Court was delivered by
MARTLAND J.—I agree with the reasons given by the Court of Appeal for Ontario for dismissing the appellants’ appeal from the judgment at trial.
For the same reasons I would dismiss, with costs, their appeal to this Court.
Appeal dismissed with costs.
Frank Paul and Charlotte Paul, plaintiffs, appellants.
Solicitor for the defendants, respondents: A.G. Lennon, Toronto.
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