Geller v. Brisseau et al., (1979) 20 A.R. 317 (BCCA)
Judge | Carrothers and Macdonald, JJ.A. |
Court | Court of Appeal (British Columbia) |
Case Date | October 23, 1979 |
Jurisdiction | British Columbia |
Citations | (1979), 20 A.R. 317 (BCCA) |
Geller v. Brisseau (1979), 20 A.R. 317 (BCCA)
MLB headnote and full text
Geller v. Brisseau et al.
Indexed As: Geller v. Brisseau et al.
British Columbia Court of Appeal
Carrothers and Macdonald, JJ.A.
October 23, 1979.
Summary:
This headnote contains no summary.
Courts - Topic 586
Judges - Duties - Duty of a judge to hear evidence and submissions on behalf of a litigant - During the trial of an action for damages for wrongful dismissal the trial judge, on his own motion, dismissed the plaintiff's action because of lack of preparation by the plaintiff's counsel - The trial judge ordered that the plaintiff's counsel personally pay the costs of two days of trial - The plaintiff's counsel appealed - The British Columbia Court of Appeal set aside the trial judge's order respecting costs and declared that the trial judge's comments concerning the competence of the plaintiff's counsel were not supported by the proceedings at trial - The Court of Appeal declared that the trial judge's interference with the presentation of the plaintiff's case was improper - The Court of Appeal referred to the duty of a trial judge, where there is an arguable case, to listen fairly to the evidence and submissions on behalf of a litigant - See paragraph 20.
Practice - Topic 5382
Dismissal of action on motion by judge or court - The British Columbia Court of Appeal stated that in civil proceedings, before a judge alone, the court cannot, on its own motion, declare a "mistrial" but must proceed to a conclusion so that the action is either dismissed or allowed - See paragraph 27.
NOTE:
While we do not normally publish in this series of reports cases from other provincial courts we felt that this case may be a significant precedent with respect to the duty of judges to hear evidence and submissions on behalf of a litigant. The trial court judgment is reported at 15 A.R. 385.
Counsel:
I.G. Nathanson, for the appellant;
R.G. Fox, for the respondents Martin & Robertson Ltd. and Delta Food Processors Ltd.
This appeal was heard by TAGGART, CARROTHERS and MACDONALD, JJ.A. of the British Columbia Court of Appeal. The judgment of the Court of Appeal was delivered by TAGGART, J.A., on October 23, 1979.
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Stewart v. Canadian Broadcasting Corp. et al., (1996) 56 O.T.C. 278 (GD)
...[para. 5]. Majcenic v. Natale, [1968] 1 O.R. 189 (C.A.), refd to. [para. 5]. Geller v. Brisseau et al., [1979] 6 W.W.R. 416; 31 N.R. 125; 20 A.R. 317; 29 N.B.R.(2d) 517; 66 A.P.R. 517; 25 Nfld. & P.E.I.R. 221; 68 A.P.R. 221; 36 N.S.R.(2d) 689; 64 A.P.R. 689 (B.C.C.A.), refd to. [para. E......
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G.B.G.R. v. D.L.S. and B.D.W., (1988) 87 A.R. 318 (QB)
...143, refd to. [para. 3]. Kennedy v. Kennedy (1959), 27 W.W.R.(N.S.) 295, refd to. [para. 3]. Geller v. Brisseua, [1979] 6 W.W.R. 416; 20 A.R. 317 (B.C.C.A.), refd to. [para. Abraham v. Jutsun, [1963] 1 W.L.R. 658, refd to. [para. 4]. Statutes Noticed: Rules of Court (Alta.), rule 602 [para.......
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Stewart v. Canadian Broadcasting Corp. et al., (1996) 56 O.T.C. 278 (GD)
...[para. 5]. Majcenic v. Natale, [1968] 1 O.R. 189 (C.A.), refd to. [para. 5]. Geller v. Brisseau et al., [1979] 6 W.W.R. 416; 31 N.R. 125; 20 A.R. 317; 29 N.B.R.(2d) 517; 66 A.P.R. 517; 25 Nfld. & P.E.I.R. 221; 68 A.P.R. 221; 36 N.S.R.(2d) 689; 64 A.P.R. 689 (B.C.C.A.), refd to. [para. E......
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G.B.G.R. v. D.L.S. and B.D.W., (1988) 87 A.R. 318 (QB)
...143, refd to. [para. 3]. Kennedy v. Kennedy (1959), 27 W.W.R.(N.S.) 295, refd to. [para. 3]. Geller v. Brisseua, [1979] 6 W.W.R. 416; 20 A.R. 317 (B.C.C.A.), refd to. [para. Abraham v. Jutsun, [1963] 1 W.L.R. 658, refd to. [para. 4]. Statutes Noticed: Rules of Court (Alta.), rule 602 [para.......