Supreme Court of Canada
Barrowman v. The Permutit Co., [1925] S.C.R. 685
Date: 1925-05-05
Borrowman v. The Permutit Company
1925: February 9, 10; 1925: May 5.
Present: Anglin C.J.C. and Idington, Duff, Mignault, Newcombe and Rinfret JJ.
ON APPEAL FROM THE EXCHEQUER COURT OF CANADA
Appeal—Judgment reversed—Patent—Weight of evidence—Review and re-weighing.
APPEAL from the judgment of the Exchequer Court of Canada, Audette J. maintaining the respondent's action and dismissing the appellant's counter-claim, and thus determining priority between two conflicting applications for patents.
The applications concern the use of glauconite or green-sand in the softening of hard water. On behalf of the appellant it was charged that the respondent's application was the result of the discovery by it that glauconite was the material used by the appellant.
The trial judge upheld the respondent company's contentions; but, on the appeal by the appellant to the Supreme Court of Canada, the court allowed the appeal, dismissing the action and maintaining the counter-claim.
The concluding paragraph of the judgment of the court as delivered by Duff J. was as follows:
"This appears to be one of those cases in which the reasons given by the trial judge in themselves shew that he has misunderstood the evidence and overlooked the weight and importance of facts either undisputed or indisputably established, by documents or otherwise. In such circumstances it is the duty of the appellate tribunal to review the findings in light of the whole evidence."
Appeal allowed with costs.
Tilley K.C. and W. L. Scott K.C. for the appellant,
Lafleur K.C., R. S. Smart and J. L. McDougall for the respondent.
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