Douissi v. Malnar Industries Ltd. and Johnson Brothers International, (1985) 37 Man.R.(2d) 296 (CA)

• Judge: Hall, Matas and Philp, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: November 26, 1985
• Jurisdiction: Manitoba
• Citations: (1985), 37 Man.R.(2d) 296 (CA)

Douissi v. Malnar Ind. Ltd. (1985), 37 Man.R.(2d) 296 (CA)

MLB headnote and full text

Douissi v. Malnar Industries Ltd., trading under the firm name and style of Johnson Bros. Mfg. International and the said Johnson Bros. Mfg. International

(Suit No. 350/85)

Indexed As: Douissi v. Malnar Industries Ltd. and Johnson Brothers International

Manitoba Court of Appeal

Hall, Matas and Philp, JJ.A.

November 29, 1985.

Summary:

An employee brought his tools to his place of employment, where they were stolen as a result of a break-in. The employee sued his employer for the replacement cost of the lost tools, alleging that the employer advised him that the tools would be insured against theft and other perils.

The Manitoba Court of Queen's Bench, in a decision unreported in this series of reports, allowed the employee's action. The employer appealed.

The Manitoba Court of Appeal allowed the appeal and ordered a new trial.

Practice - Topic 9224

Appeals - New trials - Grounds - General - The Manitoba Court of Appeal ordered a new trial, where the trial judge imposed liability without basing it on the evidence or the case pleaded or argued by the plaintiff.

Counsel:

C.R. MacArthur and S. Walsh, for the appellants;

P.J. Moss, for the respondent.

This appeal was heard before Hall, Matas and Philp, JJ.A., of the Manitoba Court of Appeal on November 26, 1985. The decision of the Court of Appeal was delivered by Hall, J.A., on November 29, 1985.