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, 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.
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