Brettingen v. Evans and McKay, [1930] SCR 121

Supreme Court of Canada

Brettingen v. Evans and McKay, [1930] S.C.R. 121

Date: 1929-10-08

Brettingen;

v.

Evans and McKay

1929: October 8.

Present:—Anglin C.J.C. and Duff, Newcombe, Rinfret and Smith JJ.

ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ALBERTA

Malicious prosecution—Want of reasonable and probable cause—Malice —Findings as to ownership of chattels—Damages for wrongful detention.

[Page 121]

APPEAL by the defendant from the judgment of the Appellate Division of the Supreme Court of Alberta[1], dismissing (subject to certain variations of the judgment below) his appeal from the judgment of Boyle J. in favour of the plaintiffs as to the ownership of certain chattels and for damages against the defendant for wrongful taking and unjust detention thereof and for damages for malicious prosecution.

[Page 122]

At the conclusion of the argument of counsel for the appellant, and without calling on counsel for the respondent, the Court orally delivered judgment dismissing the appeal with costs.

Appeal dismissed with costs.