George R. Strathy

The Crown appealed a decision holding it liable in nuisance for damage caused to the respondents' orchards by the use of road salt as a de-icing agent on an adjoining highway.

The Supreme Court of Canada dismissed the appeal, agreeing entirely with the trial judge's conclusions and reasons, which had been affirmed by the Ontario Court of Appeal.

The appeal was dismissed with costs to the respondents on a solicitor and client basis.

The respondent ship-owner sued the appellant insurer for general average contribution following a fire at sea.

The trial judge dismissed the action, finding the ship-owner had not exercised due diligence to make the ship seaworthy.

The Federal Court of Appeal reversed this decision, substituting its own findings of fact based on documentary evidence and rejecting the expert testimony relied upon by the trial judge.

The Supreme Court of Canada allowed the appeal and restored the trial judgment, holding that the Court of Appeal erred in interfering with the trial judge's findings of fact and rejecting expert testimony without having heard the witnesses.