The appellant appealed an order setting aside a civil jury verdict and directing a new trial after the trial judge concluded there was no evidence to support the jury's finding.
The dispute arose from a creditor's claim, authorized under s. 38 of the Bankruptcy and Insolvency Act, to recover from settlement proceeds allegedly attributable to the respondent's pre-bankruptcy wage loss claim in motor vehicle litigation.
The Court of Appeal held there was some evidence from which the jury could infer that part of the settlement compensated pre-bankruptcy income loss, such that the trial judge erred in invoking the 'no evidence' rule under Rule 52.08(1)(c).
The appeal was allowed, judgment was entered for the appellant, and the respondent's cross-appeal was dismissed.
