Sunny Isle Farms Ltd. v. Mayhew, (1972) 3 Nfld. & P.E.I.R. 21 (PEISC)
| Judge | Nicholson, J. |
| Case Date | March 06, 1972 |
| Jurisdiction | Prince Edward Island |
| Citations | (1972), 3 Nfld. & P.E.I.R. 21 (PEISC);1972 CanLII 1216 (PE SCTD);2011 PECA 5;3 Nfld & PEIR 21;27 DLR (3d) 323;[1972] QJ No 10 (QL) |
Sunny Isle Farms v. Mayhew (1972), 3 Nfld. & P.E.I.R. 21 (PEISC)
MLB headnote and full text
Sunny Isle Farms Limited v. Mayhew
Indexed As: Sunny Isle Farms Ltd. v. Mayhew
Prince Edward Island Supreme Court
At Trial
Nicholson, J.
March 6, 1972.
Summary:
The trial court granted the application and made an order permitting presentation of further evidence by the plaintiff. The hearing was concluded and the court took the case under advisement before the application was made. The evidence of the defendant at the hearing set up a different defence from the defence pleaded.
The trial court stated that the court had discretion to admit further evidence for its own satisfaction or where the interests of justice required it. The trial court held that the plaintiff was misled by the defendant in the pleading and presentation of the defence.
Practice - Topic 3555
Evidence - General principles - Leave to offer further evidence - After case closed - Further evidence after hearing concluded and case taken under advisement by court - Discretion of trial court - Evidence of defendant set up different defence from that pleaded - Plaintiff misled - Prince Edward Island Supreme Court granted application of plaintiff for order allowing plaintiff to call further evidence.
Cases Noticed:
Woodworth v. Gagne & Gagne, [1935] 3 W.W.R. 49, consd.
Clayton v. Br. Amer. Securities Ltd., [1934] 3 W.W.R. 257, refd to.
Commercial Life Assurance v. Williamson, [1943] 2 W.W.R. 103, refd to.
Stevenson v. Dandy, [1918] 3 W.W.R. 662; 43 D.L.R. 238, folld.
Brett v. Brett, [1937] 2 W.W.R. 689, refd to.
Devins v. Hannah, [1912] 3 W.W.R. 350, dist.
Bauz v. Registrar of Motor Vehicles, [1955] O.W.N. 386, refd to.
Gaurascio v. Proto, [1939] 4 D.L.R. 715, refd to.
Hornak v. Paterson (No. 1) (1965), 53 D.L.R.(2d) 366, refd to.
Barker v. Furlong, [1891] 2 Ch. 172, dist.
Counsel:
Bert Plamondon, for the plaintiff;
George R. McMahon, Q.C., for the Defendant.
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Canadian Human Rights Commission v. Canadian Broadcasting Corp. et al., (1996) 120 F.T.R. 81 (TD)
..."where the interest of justice requires it". Among the cases cited by Sopinka and Lederman is Sunny Isle Farms Ltd. v. Mayhew (1972), 27 D.L.R. (3d) 323 (P.E.I.S.C.). In that case Nicholson, J., adopted the statement by Boyle, J., in Sales v. Calgary Stock Exchange , [1931] 3 W.W.R. 392 at ......
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Canada Safeway Ltd. v. Surrey (City), 2005 BCSC 275
...v. Dommasch (1978), 8 B.C.L.R. 241 (S.C.), consd. [para. 14]. Sunny Isle Farms Ltd. v. Mayhew (1972), 3 Nfld. & P.E.I.R. 21; 27 D.L.R.(3d) 323 (P.E.I.S.C.), refd to. [para. R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181; 106 D.L.R.(3d) 212, refd to. [para. 20]. Spoor et al. v. Nicholls ......
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Coyle v. Fredericks (Ray F.) Insurance Ltd., General Accident Assurance Co. of Canada and Fredericks, (1984) 64 N.S.R.(2d) 93 (TD)
...to be adduced, either for his own satisfaction or where the interest of justice requires it. [ Sunny Isle Farms Ltd. v. Mayhew (1972), 27 D.L.R.(3d) 323; Woodworth v. Gagne and Gagne , [1935] 3 W.W.R. 49, at pp.. 49-50.]. The discretion is exercised by trial judges in many different situati......
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Canadian Natural Resources Ltd. v. Bennett & Bennett Holdings Ltd. et al., 2007 ABQB 269
...a trial and permit additional evidence varies depending upon the stage of the proceeding. In Sunny Isle Farms Ltd. v. Mayhew , (1972), 27 D.L.R. (3d) 323 (" Sunny Isle "), the court was asked to consider an application to introduce new evidence in the same circumstances as exist here, namel......
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Canadian Human Rights Commission v. Canadian Broadcasting Corp. et al., (1996) 120 F.T.R. 81 (TD)
..."where the interest of justice requires it". Among the cases cited by Sopinka and Lederman is Sunny Isle Farms Ltd. v. Mayhew (1972), 27 D.L.R. (3d) 323 (P.E.I.S.C.). In that case Nicholson, J., adopted the statement by Boyle, J., in Sales v. Calgary Stock Exchange , [1931] 3 W.W.R. 392 at ......
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Canada Safeway Ltd. v. Surrey (City), 2005 BCSC 275
...v. Dommasch (1978), 8 B.C.L.R. 241 (S.C.), consd. [para. 14]. Sunny Isle Farms Ltd. v. Mayhew (1972), 3 Nfld. & P.E.I.R. 21; 27 D.L.R.(3d) 323 (P.E.I.S.C.), refd to. [para. R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181; 106 D.L.R.(3d) 212, refd to. [para. 20]. Spoor et al. v. Nicholls ......
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Coyle v. Fredericks (Ray F.) Insurance Ltd., General Accident Assurance Co. of Canada and Fredericks, (1984) 64 N.S.R.(2d) 93 (TD)
...to be adduced, either for his own satisfaction or where the interest of justice requires it. [ Sunny Isle Farms Ltd. v. Mayhew (1972), 27 D.L.R.(3d) 323; Woodworth v. Gagne and Gagne , [1935] 3 W.W.R. 49, at pp.. 49-50.]. The discretion is exercised by trial judges in many different situati......
-
Canadian Natural Resources Ltd. v. Bennett & Bennett Holdings Ltd. et al., 2007 ABQB 269
...a trial and permit additional evidence varies depending upon the stage of the proceeding. In Sunny Isle Farms Ltd. v. Mayhew , (1972), 27 D.L.R. (3d) 323 (" Sunny Isle "), the court was asked to consider an application to introduce new evidence in the same circumstances as exist here, namel......